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C.C.S.M. c. P80

The Planning Act

(Assented to June 16, 2005)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)        The following definitions apply in this Act.

"board" means the board of a planning district. (« commission »)

"building" includes a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and any part of any of those things, and also includes an addition to or extension of any building or any of those things and a chattel that is attached to, or installed in or on, any building or any of those things. (« bâtiment »)

"conditional use" means a use of land or a building that may be permitted under a zoning by-law. (« usage conditionnel »)

"construction" includes

(a) excavating, removing, filling and backfilling for the purpose of preparing or maintaining a site in respect of a building or a proposed building;

(b) erecting, extending, enlarging, placing, removing, locating and demolishing a building;

(c) altering, renovating and reconstructing a building;

(d) moving a building from one site to another; and

(e) underpinning the foundation of a building. (« construction »)

"council" means

(a) the council of a municipality; and

(b) the resident administrator of a local government district. (« conseil »)

"designated employee or officer" means an employee or officer of a planning district or municipality who is designated to carry out a power or responsibility in accordance with section 184. (« employé ou dirigeant désigné »)

"development" means

(a) the construction of a building on, over or under land;

(b) a change in the use or intensity of use of a building or land;

(c) the removal of soil or vegetation from land; and

(d) the deposit or stockpiling of soil or material on land and the excavation of land. (« mise en valeur »)

"development plan by-law" means a by-law adopting a development plan for a planning district or municipality under Part 4. (« règlement portant sur un plan de mise en valeur »)

"land" means land, messuages, tenements and hereditaments, whether corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted. (« bien-fonds »)

"livestock operation" means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. (« exploitation de bétail »)

"livestock operation policy" means a livestock operation policy contained in a development plan by-law. (« politique en matière d'exploitation de bétail »)

"minister", except in Part 10 (Northern Manitoba), means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipality" means a city, town, village, rural municipality, local government district or other municipal organization formed or continued under The Municipal Act. (« municipalité »)

"Northern Manitoba" means Northern Manitoba as defined in The Northern Affairs Act. (« Nord du Manitoba »)

"owner", in relation to property, means a person who is the owner of a freehold estate in the property, and includes

(a) a person who is an owner with another person as joint tenant or tenant in common of a freehold estate;

(b) a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; and

(c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act. (« propriétaire »)

"parcel of land" means the aggregate of all land described in any manner in a certificate of title. (« parcelle de bien-fonds »)

"planning commission" means a planning commission established under Part 3. (« commission d'aménagement du territoire »)

"planning district" means a planning district established under Part 3. (« district d'aménagement du territoire »)

"property" means land and improvements on land, and includes

(a) an interest in land or an improvement on land; and

(b) air, surface and subsurface rights and interests in respect of land. (« propriété »)

"public road" has the same meaning as highway under subsection 1(1) of The Highway Traffic Act.  (« voie publique »)

"school building" means a school building as defined in subsection 1(1) of The Public Schools Act. (« bâtiment scolaire »)

"school division" means a school division as defined in subsection 1(1) of The Public Schools Act but does not include the francophone school division. (« division scolaire »)

"school site" means a school site as defined in subsection 1(1) of The Public Schools Act. (« emplacement scolaire »)

"secondary plan by-law" means a by-law adopting a secondary plan for a planning district or municipality under Part 4. (« règlement portant sur un plan secondaire »)

"sensitive land" includes

(a) land that is susceptible to flooding, permafrost, erosion or that has unstable slopes or poor drainage;

(b) areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas; and

(c) land on which any development is likely to harm ecological diversity. (« bien-fonds sensible »)

"subdivision" means the division of land by an instrument, including

(a) a plan of subdivision, conveyance, deed, mortgage or grant; or

(b) an agreement granting or extending a use of or right in land, directly or indirectly or by an entitlement to renewal, for a period of 21 years or more;

but not including a lease respecting only floor space in a building. (« lotissement »)

"unorganized territory" means any part of the province that is not in a municipality or in Northern Manitoba. (« territoire non organisé »)

"zoning by-law" means a by-law adopted by a board or council under Part 5. (« règlement de zonage »)

Reference to "Act" includes regulations

1(2)        In this Act, a reference to "this Act" includes the regulations made under this Act.

Interpretation — "capital region"

1(3)        For the purposes of this Act, a municipality is considered to be in the capital region only if it is listed in clauses 3(1)(a) to (o) of The Capital Region Partnership Act.

S.M. 2011, c. 36, s. 12; S.M. 2011, c. 38, s. 7.

Related nearby livestock operations deemed to be one operation

1.1         For the purposes of this Act, if two or more existing or proposed livestock operations involving the same category of livestock are

(a) located within 800 metres of one another; and

(b) owned by

(i) the same individual, corporation, partnership or other entity, or

(ii) individuals, corporations, partnerships or other entities that are interrelated to the degree prescribed by regulation;

they are deemed to be a single livestock operation, and the number of existing or proposed animal units in each operation must be added together.

S.M. 2007, c. 22, s. 2.

Application

2           Subject to Part 10 (Northern Manitoba), this Act applies to the entire province except

(a) the City of Winnipeg, unless this Act specifically provides otherwise; and

(b) land designated as a provincial park under The Provincial Parks Act.

Application to unorganized territory

3           When this Act is applied to land in unorganized territory,

(a) the unorganized territory is deemed to be a municipality; and

(b) the minister is deemed to be the council of the municipality.

PART 2

PROVINCIAL AND REGIONAL PLANNING

DIVISION 1

PROVINCIAL LAND USE POLICIES

Provincial land use policies

4(1)        The Lieutenant Governor in Council may, by regulation, establish provincial land use policies to guide sustainable land use and development in the province.

Application to Winnipeg

4(2)        Provincial land use policies apply to the City of Winnipeg.

Contents of policies

4(3)        Provincial land use policies may contain a series of goals and policies that deal with

(a) urban, rural and regional development in the province, including residential, agricultural, commercial, industrial, institutional and recreational development;

(b) the protection and enhancement of

(i) the environment, including water sources, sensitive lands, renewable resources and areas of natural or historic significance,

(ii) the transportation system and other infrastructure, and

(iii) mineral development; and

(c) any other matter the Lieutenant Governor in Council considers advisable.

DIVISION 2

REGIONAL STRATEGIES

Regional strategy

5(1)        The boards or councils of two or more planning districts or municipalities, or any combination thereof, may develop a regional strategy for the area under their jurisdiction.

Purpose of strategy

5(2)        The purpose of a regional strategy is to

(a) improve and co-ordinate land use and development in the region; and

(b) promote co-operation between planning districts and municipalities in the delivery of services and development of infrastructure in the region.

Contents of regional strategy

5(3)        A regional strategy may include

(a) the identification and analysis of land use and development issues in the region;

(b) policies and goals respecting the following matters in the region:

(i) land supply,

(ii) transportation and infrastructure development,

(iii) residential development,

(iv) protection of agricultural land and agricultural operations,

(v) commercial, industrial and recreational development,

(vi) protection of the environment, especially water sources, sensitive lands, renewable resources and areas of natural or historic significance,

(vii) co-ordination of planning and development by planning districts and municipalities in the region,

(viii) economic and social development; and

(c) the identification of services and infrastructure development in the region in which co-operation between planning districts and municipalities could result in improved service or cost effectiveness.

Consistency with provincial land use policies

5(4)        A regional strategy must be generally consistent with provincial land use policies.

Assistance from minister

6           If requested, the minister may provide planning districts and municipalities with advice and technical support to prepare a regional strategy.

Public meetings

7(1)        The board or council of every planning district or municipality in the region must hold one or more public meetings to obtain public input on the proposed strategy.

Consultation with minister

7(2)        The minister must be consulted during the preparation of a regional strategy.

Effective date

8(1)        A regional strategy comes into effect when the board or council of every planning district and municipality in the region has passed a resolution adopting the strategy.

Amendments

8(2)        Amendments to a regional strategy may be made at any time. Section 7 and subsection (1) apply to any amendment.

Effect of regional strategy

9           A planning district or municipality that has adopted a regional strategy must

(a) when adopting a development plan by-law, or re-enacting, amending or replacing its development plan by-law after conducting a review of its development plan under section 59, ensure that the development plan by-law generally conforms with the regional strategy; and

(b) where practical, co-operate with other planning districts and municipalities in the region in delivering services and developing infrastructure.

City of Winnipeg

10(1)       The City of Winnipeg may enter into a regional strategy with other planning districts and municipalities.

Application

10(2)       If the City of Winnipeg adopts a regional strategy, this Division applies to it, with any necessary changes, to the same extent as any other municipality, and a reference to a development plan by-law in this Division includes Plan Winnipeg adopted under The City of Winnipeg Charter.

DIVISION 3

SPECIAL PLANNING AREAS

Establishing special planning area

11(1)       The Lieutenant Governor in Council may, by regulation, designate an area of the province as a special planning area if the area has a special provincial or regional significance.

Consultation required

11(2)       Before an area is designated as a special planning area, the minister must consult with the board of every planning district and the council of every municipality in the proposed special planning area.

Term of designation

11(3)       A designation may be made for a period of time specified in the regulation.

Inland port area

11.1(1)     The inland port area, as described in the Schedule to The CentrePort Canada Act, may be included in a special planning area. For certainty, land within the City of Winnipeg may be included in such a special planning area.

Consultation required

11.1(2)     Before the inland port area is designated as a special planning area, the minister must consult with

(a) the council of The City of Winnipeg;

(b) the council of the Rural Municipality of Rosser; and

(c) the board of the South Interlake Planning District.

S.M. 2012, c. 22, s. 2.

Development in special planning area

12          When an area is designated as a special planning area, no development may take place in that area unless

(a) an application has been made to the minister in accordance with the regulations by the owner of the affected property, or a person authorized in writing by the owner; and

(b) the development has been approved in accordance with the procedures established by regulation.

PART 3

PLANNING AUTHORITIES

DIVISION 1

MUNICIPALITIES

Role of municipalities

13          Subject to this Part, the council of a municipality is responsible for the adoption, administration and enforcement of the development plan by-law, zoning by-law and all other by-laws respecting land use and development for the municipality.

DIVISION 2

PLANNING DISTRICTS

ROLE

Role of planning districts

14          When a planning district is established, its board is responsible for

(a) the adoption, administration and enforcement of the development plan by-law for the entire district;

(b) the administration and enforcement of

(i) the zoning by-laws of its member municipalities, or the district's own zoning by-law if it has adopted a district-wide zoning by-law under section 69,

(ii) any secondary plan by-law in force in the district,

(iii) the building by-laws of its member municipalities, and

(iv) the by-laws of its member municipalities dealing with minimum standards of maintenance and occupancy of buildings.

Agreements

15(1)       The board of a planning district may enter into any agreement necessary to enable it to carry out and exercise its duties and powers under this Act, including without limitation,

(a) an agreement with any person respecting the development of land in the district;

(b) an agreement with a member municipality, the government, an agency of the government or any other person to develop and maintain

(i) transportation systems, utilities or recreational facilities for the use of member municipalities, or

(ii) housing facilities in the district.

Additional responsibilities

15(2)       The board of a planning district may

(a) review and co-ordinate the policies and programs of its member municipalities relating to land use and development and the provision of public facilities; and

(b) by agreement, perform duties delegated to it by the council of a member municipality.

ESTABLISHMENT

Application to establish district

16(1)       The councils of two or more municipalities may apply to the minister to establish a planning district.

Resolutions

16(2)       The application must be accompanied by a resolution from the council of each municipality supporting the establishment of the proposed planning district.

Requirement for public hearing

16(3)       Before applying, each council must hold a public hearing to receive representations on the proposed planning district, and give notice of the hearing in accordance with section 168.

Establishment of planning district

17(1)       If the minister determines that the proposed planning district will improve sustainable land use and development in the area, the minister may, by regulation, establish the planning district.

Contents of regulation

17(2)       The regulation must set out

(a) the name and boundaries of the planning district; and

(b) the date when the planning district will begin to carry out and exercise its duties and powers under this Act.

STRUCTURE AND ADMINISTRATION

Corporate status

18(1)       A planning district is a corporation and, subject to this Act, has all the rights, powers and privileges of a natural person for the purpose of carrying out and exercising its duties and powers under this Act.

Corporation without share capital

18(2)       A planning district must operate exclusively as a corporation without share capital.

Applicability of Corporations Act

18(3)       Except as otherwise provided in this Act, The Corporations Act does not apply to a planning district.

Board to manage affairs

19(1)       The management and affairs of a planning district must be directed by a board of directors consisting of councillors appointed by each member municipality in accordance with the requirements of the organizational by-law.

Minimum representation

19(2)       The board of directors of a planning district must include at least one director from each member municipality.

Member from L.G.D.

19(3)       In the case of a local government district, the director must be the resident administrator of the district, or a person appointed in writing by the resident administrator.

First directors

20(1)       Despite subsection 19(1), the minister must

(a) appoint the first board of directors of a planning district in accordance with the requirements of subsections 19(2) and (3);

(b) appoint one of the directors as the first chairperson of the board; and

(c) make subsequent appointments to fill any vacancies on the board until new directors are appointed in accordance with the by-laws of the district.

Term of office of first directors

20(2)       The term of office of a first director continues until his or her successor is appointed in accordance with the by-laws of the district.

Organizational and procedural by-laws

21(1)       The board of a planning district must adopt by-laws, not inconsistent with this Act, that deal with

(a) the organization of the board, including

(i) the number of directors from each member municipality,

(ii) the method of appointment of directors by each member municipality, and

(iii) alternate directors; and

(b) procedures of the board and the conduct of its affairs, including

(i) the calling of meetings, including notice of meetings,

(ii) the conduct of meetings and hearings, including rules of procedure,

(iii) the recording of by-laws, and

(iv) voting.

Compensation by-law

21(2)       The board of a planning district must adopt a by-law providing for

(a) the payment to directors of remuneration as specified in the by-law; and

(b) the reimbursement to directors of expenses incurred in carrying out their duties.

General powers re by-laws

21(3)       The board of a planning district may adopt

(a) a by-law establishing the fees and charges to be paid for services provided by the district, including licences, permits, certificates and other approvals and documents issued by the district; and

(b) other by-laws, not inconsistent with this Act, that may be necessary to carry out and exercise its duties and powers under this Act.

Financial contributions

22(1)       The member municipalities of a planning district must agree on the proportion of funding, if any, that each municipality must contribute to meet the expenses of the district.

Annual report

22(2)       The board of a planning district must prepare and submit to each member municipality an annual report of its activities and an operating budget for the next year, on or before a date agreed on by the member municipalities.

Dispute resolution

23          The member municipalities of a planning district must

(a) agree on a process to resolve disputes about the operation of the district; and

(b) use that process to attempt to resolve any dispute involving the operation of the district.

Employees

24          The board of a planning district may appoint or employ any persons that it considers necessary to carry out and exercise its duties and powers under this Act.

CHANGES TO PLANNING DISTRICTS

Change in Name

Application for name change

25(1)       The board of a planning district may apply to the minister to change the name of the planning district.

Name change

25(2)       The minister may, after consulting with the member municipalities of the district, change the name of the district. The minister must amend the regulation establishing the planning district to reflect the name change.

Liability unchanged

25(3)       A planning district that has its name changed continues as a corporation under the new name. The change in name does not affect any obligation, liability or right of action of the district existing at the time of the change.

Alteration, Dissolution and Amalgamation

Application for alteration or dissolution

26(1)       The board of a planning district or the council of a member municipality may apply to the minister to

(a) change the boundaries of the district; or

(b) dissolve the district.

Application for amalgamation

26(2)       The boards of two or more existing planning districts may apply to the minister to amalgamate into a new planning district.

Requirements for adding municipality

27(1)       If the application seeks to add a municipality to a planning district, the council of the municipality that is proposed to be added to the district must, before the application is made,

(a) have passed a resolution in support of joining the district; and

(b) have held a public hearing to receive representations on joining the planning district, after giving notice of the hearing in accordance with section 168.

Requirements for dissolution or removal

27(2)       If the application seeks to dissolve a planning district or change the boundaries of the district to remove a municipality from the district, the applicant must, before making the application,

(a) have held a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168; and

(b) provide the minister with a report setting out the reasons for the application and the results of the hearing held under clause (a).

Requirements for amalgamation

27(3)       If the application seeks to amalgamate two or more existing planning districts, the board of each district must, before the application is made,

(a) have passed a resolution in support of the proposed amalgamation; and

(b) have held a public hearing to receive representations on the proposed amalgamation, after giving notice of the hearing in accordance with section 168.

Referral to Municipal Board

28(1)       The minister may refer an application under section 26 to the Municipal Board.

Consultation and hearing

28(2)       Upon receiving the application, the Municipal Board must hold a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168.

Recommendation to minister

28(3)       After holding the hearing, the Municipal Board must make a recommendation to the minister on the application.

Decision

Decision

29(1)       After considering the application, and the recommendations of the Municipal Board if the application was referred to it under section 28, the minister may

(a) change the boundaries of a planning district;

(b) dissolve a planning district; or

(c) amalgamate two or more existing planning districts into a new planning district.

Amendments to regulation

29(2)       The minister must amend the regulation establishing planning districts to reflect a decision made under subsection (1).

Distribution of assets and liabilities

29(3)       If the minister dissolves a planning district or changes the boundaries of a planning district to allow a municipality to withdraw from the district, the minister may also determine the manner in which the assets and liabilities of the district are to be distributed or allocated.

Result of amalgamation

29(4)       If the minister amalgamates two or more existing planning districts into a new planning district,

(a) section 180 of The Corporations Act applies, with necessary changes, to the new district; and

(b) the minister must appoint the first directors of the new district in accordance with section 20.

Development plan continues to apply

30(1)       After a planning district is dissolved or a municipality withdraws from a planning district, the development plan by-law of the district

(a) continues to apply, with necessary changes, to the remaining municipalities in the district; and

(b) is deemed to be the development plan by-law, with necessary changes, for a municipality that is no longer part of the district, until the municipality adopts its own development plan by-law.

When municipal development plan applies

30(2)       If a municipality becomes part of a planning district after adopting its own development plan by-law, that by-law continues to apply to the municipality until the planning district amends its development plan by-law to cover that municipality.

DIVISION 3

PLANNING COMMISSIONS

ESTABLISHMENT

Planning commissions

31          A planning commission may be established by

(a) the board of a planning district that has adopted a district-wide zoning by-law under section 69; and

(b) the council of a municipality that has adopted a zoning by-law.

By-law requirements

32(1)       The planning commission must be established by a by-law that provides for the following:

(a) the designation of a member of the commission as chairperson, and another member as vice-chairperson;

(b) rules of practice and procedure for the commission;

(c) payment of remuneration and reimbursement of expenses to members of the commission; and

(d) such other matters as the board or council considers necessary or advisable.

Composition of commission

32(2)       A planning commission must be composed of at least three persons appointed by the board or council, and may consist

(a) entirely of members of the board or council;

(b) of a combination of members of the board or council and other persons; or

(c) entirely of persons who are not members of the board or council.

ROLE OF PLANNING COMMISSIONS

Decisions

Decisions by planning commission

33          A planning commission must hold hearings and make decisions respecting

(a) applications for variances referred to the commission in accordance with a by-law under section 95 (authority respecting variances); and

(b) applications respecting conditional uses referred to the commission in accordance with a by-law under section 104 (authority respecting conditional uses).

Notice of decision

34(1)       When a decision is made by a planning commission, the notice of decision must

(a) state that the persons described in subsection (2) may appeal the decision;

(b) set out the process to be followed to appeal the decision; and

(c) state the deadline for filing the notice of appeal, which must be at least 14 days after the decision was made.

Appeal of decision by commission

34(2)       A decision by a planning commission may be appealed to the board or council by

(a) the applicant;

(b) any person who made representations at a hearing on the application held by the planning commission; or

(c) a designated employee or officer of the planning district or municipality.

Notice of appeal

34(3)       A notice of appeal of a decision of a planning commission must

(a) be in writing;

(b) identify the decision being appealed; and

(c) be filed with the planning district or municipality before the deadline set out in the notice of decision.

Decision final if no appeal

34(4)       If the decision of a planning commission is not appealed by the deadline set out in the notice of decision, the decision is final.

Appeal to board or council

35(1)       An appeal of a decision of a planning commission must be heard by the board or council that established the commission.

Notice of hearing

35(2)       The board or council must

(a) fix a date, time and place for the appeal hearing; and

(b) at least 14 days before the hearing, send notice of the hearing to

(i) the appellant and the applicant, and

(ii) every person who made a representation at the planning commission's hearing on the application.

Who may not hear appeal

35(3)       A member of the board or council who took part in the decision under appeal as a member of the planning commission may not hear the appeal.

Quorum not lost

35(4)       A majority of the members of the board or council constitutes a quorum for hearing the appeal, but if one or more members are disqualified from hearing the appeal under subsection (3), quorum is not lost as long as at least two members hear the appeal.

New hearing

35(5)       The appeal of the decision of the planning commission is a new hearing and the board or council may make any decision with respect to the matter under appeal that could have been made at the original hearing of the application.

Hearings

Hearings by planning commission

36(1)       The board of a planning district or the council of a municipality may, by by-law, assign responsibility for holding a hearing to consider any of the following matters to its planning commission:

(a) the adoption of a zoning by-law or secondary plan by-law under subsection 74(1);

(b) subdivision applications under subsection 125(2);

(c) a by-law to close public reserve land under subsection 139(2);

(d) the declaration of an obsolete plan of subdivision under subsection 144(3).

Report to board or council

36(2)       After holding a hearing on a matter set out in subsection (1), the planning commission must provide the board or council with a report on the hearing, that includes

(a) the minutes of the hearing;

(b) the record of all representations made at the hearing; and

(c) its recommendations on the matter considered at the hearing.

GENERAL

Resolutions

37          A planning commission may act only by resolution.

Deemed hearing by board or council

38          A hearing held by a planning commission under authority of this Division is deemed to be a hearing by the board or council.

Commission must meet all requirements

39          A planning commission that holds a hearing or makes a decision must comply with all requirements of this Act respecting notice of hearings, the conduct of hearings and notices of decision.

PART 4

PLANS

DIVISION 1

DEVELOPMENT PLANS

REQUIREMENTS

Development plan for planning districts

40(1)       The board of a planning district must prepare a development plan for the entire district.

Development plan for municipalities

40(2)       The council of a municipality that is not part of a planning district must prepare a development plan for the municipality.

Exception

40(3)       A development plan is not required for land in unorganized territory.

Consistency with provincial land use policies

41          A development plan must be generally consistent with provincial land use policies.

Requirements of development plan

42(1)       A development plan must

(a) set out the plans and policies of the planning district or municipality respecting its purposes and its physical, social, environmental and economic objectives;

(b) through maps and statements of objectives, direct sustainable land use and development in the planning district or municipality;

(c) set out measures for implementing the plan; and

(d) include such other matters as the minister or the board or council considers advisable.

Livestock operation policy

42(2)       The development plan must include a livestock operation policy that guides zoning by-laws dealing with livestock operations by

(a) dividing the planning district or municipality into one or more areas designated as follows:

(i) areas where the expansion or development of livestock operations of any size may be allowed,

(ii) areas where the expansion or development of livestock operations involving a specified maximum number of animal units may be allowed,

(iii) areas where the expansion or development of livestock operations will not be allowed; and

(b) setting out the general standards to be followed in the planning district or municipality respecting the siting and setback of livestock operations.

Restriction on designation

42(3)       A designation of an area under subclause (2)(a)(i) or (ii) is subject to subsection 72(2) (restricted zoning for large livestock operations).

Deadline for review

43           A development plan may set out the date by which the board or council must complete a review of it under clause 59(1)(a).

Meetings and consultation

44(1)       When preparing a development plan, a board or council must

(a) hold one or more public meetings to receive representations on the plan; and

(b) consult with a qualified land use planner.

Consultation with councils

44(2)       After preparing a development plan, the board of a planning district must consult with the councils of its member municipalities.

ADOPTION PROCESS

Adoption

45          A board or council must adopt a development plan for the planning district or municipality by by-law.

Public hearing

46(1)       Between first and second reading of the development plan by-law, the board or council must hold a public hearing to receive representations from any person on the proposed development plan, and give notice of the hearing in accordance with section 168.

Actions after hearing

46(2)       After the hearing, the board or council may,

(a) if it determines that the proposed development plan does not require alteration or requires only a minor alteration that does not change the intent of the plan, make any required alteration and give the by-law second reading;

(b) if it determines that the proposed development plan requires a major alteration that changes the intent of the plan,

(i) make the required alteration,

(ii) hold another public hearing in accordance with subsection (1) to receive representations on the alterations to the plan, and

(iii) give the altered by-law second reading or pass a resolution not to proceed with the by-law; or

(c) pass a resolution not to proceed with the by-law.

Notice of resolution not to proceed

46(3)       If the board or council passes a resolution not to proceed with the by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection (1).

Submission to minister

47(1)       As soon as practicable after the development plan by-law is given second reading, the board or council must submit the by-law to the minister for approval.

Requirements

47(2)       The board or council must give the minister

(a) two certified copies of the by-law; and

(b) one copy of the minutes of the hearing held under subsection 46(1) and each written submission filed at that hearing.

No adoption until approval

47(3)       The board or council must not give third reading to the by-law until the minister has approved it under section 51.

Notice of second reading

48          As soon as practicable after submitting the development plan by-law to the minister for approval, the board or council must send a notice to every person who made a representation at the hearing held under subsection 46(1) stating that

(a) second reading was given to the by-law;

(b) the by-law has been submitted to the minister for approval; and

(c) any person who made a representation at the hearing may file an objection with the minister that sets out the reasons for his or her objection, within 14 days after the notice is given.

Referral to Municipal Board

49          Before deciding whether to approve the development plan by-law, the minister may refer an objection to the by-law filed under clause 48(c) or a specific question or issue about the by-law to the Municipal Board.

Municipal Board hearing

50(1)       If the minister makes a referral under section 49, the Municipal Board must

(a) hold a public hearing to receive representations from any person on the objection, question or issue referred to it; and

(b) at least 14 days before the hearing, send notice of the hearing to

(i) the minister,

(ii) the board or council involved,

(iii) every person who made a representation at the hearing held under subsection 46(1), and

(iv) any other person it considers appropriate.

Report to minister

50(2)       After holding the hearing, the Municipal Board must submit a report to minister setting out its recommendations on the objection, question or issue referred to it.

Minister's decision

51(1)       After receiving copies of the development plan by-law and any objections to it, and after considering any recommendations of the Municipal Board under section 50, the minister may

(a) approve the by-law with no alterations or conditions;

(b) approve the by-law, subject to the board or council

(i) making any alteration to the by-law required by the minister, or

(ii) complying with any condition imposed by the minister; or

(c) reject the by-law.

When drinking water and wastewater plans required

51(1.1)     Before approving a development plan by-law submitted by a board or council that is subject to section 62.2 (drinking water and wastewater management plans), the minister must be satisfied that

(a) the existing municipal drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; or

(b) if capacity is insufficient, the board or council, in preparing the development plan and the drinking water and wastewater management plans, has identified

(i) the infrastructure investments necessary to accommodate the projected development, and

(ii) how those infrastructure investments will be made in a sustainable and financially viable manner.

Consultation

51(2)       Before requiring an alteration to the by-law or imposing a condition when making an approval under clause (1)(b), the minister may consult with the applicable board or council.

Notice of decision

51(3)        The minister must provide the board or council with written notice of his or her decision.

S.M. 2011, c. 36, s. 13.

Third reading

52          A board or council may give third reading to a development plan by-law approved under clause 51(1)(a) or (b), but only after

(a) making any alterations to the by-law specified by the minister; and

(b) complying, or agreeing to comply, with any condition imposed by the minister.

Notice of adoption

53          As soon as practicable after giving third reading to the development plan by-law, the board or council must

(a) give the minister a certified copy of the by-law and as many additional copies as the minister may request;

(b) give the minister an electronic copy of the development plan in a format acceptable to the minister; and

(c) send a notice stating that the by-law has been adopted to

(i) every person who made a representation at the hearing held under subsection 46(1), and

(ii) every person who made a representation at the Municipal Board hearing, if one was held.

By-law not subject to appeal

54          Once adopted, a development plan by-law is binding on all persons and is not subject to appeal.

Resolution not to proceed

55          If the board or council decides not to proceed with a development plan by-law that was approved by the minister under clause 51(1)(a) or (b), the board or council must pass a resolution not to proceed and send a copy of it to

(a) the minister;

(b) every person who made a representation at the hearing held under subsection 46(1); and

(c) every person who made a representation at the Municipal Board hearing, if one was held.

AMENDMENTS AND REVIEW

Amending development plan by-law

56(1)       An amendment to a development plan by-law may be initiated

(a) by the board or council; or

(b) by the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council.

Application by owner may be refused

56(2)       An application for an amendment to a development plan by-law under clause (1)(b) may be refused if, in the opinion of the board or council,

(a) it is without merit; or

(b) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made.

Amendment process

57          Sections 46 to 55 apply to amendments to a development plan by-law, with any necessary changes.

Exception for minor amendments

58(1)       A board or council may apply to the minister to make a minor amendment to the development plan by-law, or amend the by-law to correct an error or omission, without complying with section 57. The application must include a copy of the proposed amendment.

Decision

58(2)       The minister may give the board or council written authorization to amend the development plan by-law without giving public notice, holding a hearing or submitting the amendment to the minister for approval, subject to any conditions set out in the authorization, if the minister is satisfied that

(a) the proposed amendment is a minor one that does not change the intent of the development plan; or

(b) the proposed amendment is required to correct an error or omission.

Periodic review

59(1)       A board or council must complete a detailed review of its development plan

(a) on or before the deadline set out in the development plan; or

(b) if the development plan does not contain a deadline for review, within five years after the development plan by-law is adopted.

Minister's order for review

59(2)       The minister may, by written order, require a board or council to complete a detailed review of its development plan on or before the date specified in the order, or such later date as the minister may by further order allow.

Method of review

59(3)       A review of a development plan must include

(a) a comprehensive examination of the plan; and

(b) public consultations.

By-law to be re-enacted or replaced

59(4)       Upon completion of the review, the board or council must re-enact the development plan by-law or repeal and replace it with a new development plan by-law, in accordance with the process set out in sections 46 to 55.

POWERS OF MINISTER

Order

60          After consulting with a board or council, the minister may order it to adopt a development plan or amend the development plan by-law of the planning district or municipality within a time specified in the order.

Minister may amend or replace by-law

61(1)       The minister may prepare a development plan by-law or an amendment to the development plan by-law of a planning district or municipality if the board or council

(a) fails to comply with an order under section 60; or

(b) fails to conduct a review of its development plan as required under section 59;

and submit the amendment or new by-law to the Lieutenant Governor in Council for approval.

Referral to Municipal Board

61(2)       Before submitting the amendment or new by-law for approval, the minister may refer it to the Municipal Board for a hearing in accordance with section 50. After receiving the recommendations of the Municipal Board, the minister may make alterations to the amendment or new by-law.

Approval by Order in Council

61(3)       The Lieutenant Governor in Council may, by order, approve the amendment or by-law submitted by the minister. This order has the effect of enacting the development plan by-law or amending the existing development plan by-law as if it were enacted or amended by the board or council under this Division.

APPLICATION OF PROVINCIAL LAND USE POLICIES

Policies do not apply

62(1)       Subject to subsection (2), provincial land use policies no longer apply to a planning district or municipality that has adopted a development plan by-law.

Policies apply to amendments and review

62(2)       An amendment to a development plan by-law and the re-enactment or replacement of a development plan by-law under subsection 59(4) must be generally consistent with provincial land use policies.

APPLICATION OF WATER PROTECTION ACT

Consideration of Water Protection Act

62.1        When preparing a development plan or amending or re-enacting a development plan by-law, a board or council must consider the application of the following insofar as they relate to land within the planning district or municipality:

(a) any regulation made under section 5 of The Water Protection Act governing, regulating or prohibiting any use, activity or thing in a water quality management zone designated under that Act;

(b) any watershed management plan approved under The Water Protection Act.

S.M. 2005, c. 30, s. 217; S.M. 2008, c. 42, s. 76.

WATER AND WASTEWATER INFRASTRUCTURE

Drinking water and wastewater management plans

62.2(1)     When preparing a development plan or amending or re-enacting a development plan by-law, the following bodies must also prepare drinking water and wastewater management plans and submit them to the minister:

(a) the board of a planning district that includes, within its boundaries, a municipality in the capital region;

(b) the council of a municipality in the capital region, if the municipality is not a member of a planning district;

(c) a board or council that is required to do so by the minister under subsection (2).

Minister's order for plans to be prepared

62.2(2)     The minister may, if in his or her opinion the circumstances warrant, require the council of a municipality that is outside the capital region, or the board of a planning district that includes such a municipality within its boundaries, to prepare drinking water and wastewater management plans and submit them to the minister.

Content

62.2(3)     The drinking water and wastewater management plans must

(a) provide the analysis undertaken to confirm if the existing drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; and

(b) set out the ways in which the planning district or municipality will ensure that, in the provision of drinking water and wastewater services,

(i) health and safety will be protected,

(ii) the environment will be protected,

(iii) the capacity and sustainability of the sources of water on which the services rely will not be exceeded, and

(iv) water conservation and water use efficiency will be promoted.

S.M. 2011, c. 36, s. 14.

DIVISION 2

SECONDARY PLANS

Adoption of secondary plans

63(1)       A board or council may, by by-law, adopt a secondary plan to deal with objectives and issues within its scope of authority in a part of the planning district or municipality, including, without limitation, any matter

(a) dealt with in the development plan by-law;

(b) dealing with subdivision, design, road patterns, building standards or other land use and development matters; or

(c) respecting economic development or the enhancement or special protection of heritage resources or sensitive lands.

Consistency with development plan by-law

63(2)       A secondary plan by-law must be consistent with the development plan by-law.

Adoption process

64          A secondary plan by-law is subject to the same hearing and approval process required to adopt a zoning by-law under Part 5.

DIVISION 3

GENERAL

Compliance with plans

65          The adoption of a development plan by-law or a secondary plan by-law does not require the board or council, any person, or any department or agency of the government to undertake a proposal contained in the by-law. However, undertakings and development in the planning district or municipality must be generally consistent with the development plan by-law and any applicable secondary plan by-law.

Acquisition and disposal of land

66          In order to implement any part of a development plan by-law or secondary plan by-law, a planning district or municipality may acquire land by gift, purchase or expropriation under The Expropriation Act. The land may be sold, leased or otherwise disposed of by the district or municipality if it is no longer required.

Revoking development plan by-law

67          When a planning district adopts a development plan by-law, any development plan by-law adopted by a member municipality is revoked.

PART 5

ZONING BY-LAWS

REQUIREMENTS

Zoning by-law required

68          Unless the municipality is part of a planning district that has adopted a district-wide zoning by-law under section 69, a municipal council must adopt a zoning by-law that is generally consistent with the development plan by-law and any secondary plan by-law in effect in the municipality.

District-wide zoning by-law

69(1)       The board of a planning district may adopt a zoning by-law that applies to the entire district if the council of every municipality in the district passes a resolution in favour of a district-wide zoning by-law.

Effect on municipal zoning by-law

69(2)       If a district wide zoning by-law is adopted by the board of a planning district, the zoning by-law of a member municipality is revoked.

Exception

70           A zoning by-law is not required for land in unorganized territory.

Zoning by-law requirements

71(1)       A zoning by-law must

(a) divide the municipality or planning district into zones;

(b) prescribe permitted and conditional uses for land and buildings in each zone; and

(c) set out the procedure for applying for, and issuing development permits, non-conforming certificates, zoning memoranda and other similar documents, including the classes of minor development, if any, that do not require a development permit.

General development requirements

71(2)       A zoning by-law must prescribe general development requirements for each zone having regard to any permitted or conditional use for the zone, and in prescribing those requirements, the board or council must consider

(a) the development plan by-law and any secondary plan by-law;

(b) the character of the zone;

(c) the nature of the existing or proposed uses of land and buildings in the zone; and

(d) the suitability of the zone for particular uses.

Contents of zoning by-law

71(3)       Without limiting the generality of subsection (2), a zoning by-law may contain provisions prohibiting or regulating any of the following:

(a) the use of land;

(b) the construction or use of buildings;

(c) the dimensions and area of lots, parcels or other units of land;

(d) the number, lot coverage, floor area, yard size, dimension and location of buildings on parcels of land;

(e) the design details of buildings and building sites and the establishment of committees to approve design details;

(f) the open space around and between buildings, minimum separation distances between buildings on a site and minimum separation distances between buildings and other buildings or uses;

(g) the cutting and removal of trees or vegetation;

(h) the location, height, type, and maintenance of fences and walls;

(i) landscaping and buffers between buildings and parcels of land, and between different uses of land;

(j) the placement of pedestrian walkways;

(k) the removal, excavation, deposit or movement of sand, gravel, soil or other material from land;

(l) the location, size and number of access points to a parcel of land from adjoining public roads;

(m) the establishment and maintenance of parking and loading facilities;

(n) the form, type, size, contents, and manner of display of outdoor signs or displays, including interior signs that are visible from the outdoors;

(o) the grading and elevation of land;

(p) the outdoor storage of goods, machinery, vehicles, building materials, waste materials and other items;

(q) the number, dimensions and density of dwelling units on a parcel of land;

(r) the outdoor lighting of any building or land;

(s) waste storage and collection areas, and facilities and enclosures for storing water and other liquids;

(t) the manner in which any use of land or a building is undertaken, including the hours of operation and the regulation of noxious or offensive emissions such as noise or odours;

(u) the sequence of development, including commencement and completion;

(v) the protection of scenic areas, heritage resources and sensitive land;

(w) the construction, location or placement of a building on sensitive land;

(x) the construction of a building within a specified distance of a water body or groundwater source.

Power to prohibit includes power to permit

71(4)       The power to prohibit or regulate any land use or development in a zoning by-law includes the power to permit that land use or development.

Zoning for affordable housing

71(5)       A zoning by-law for a new residential development may require that a specified percentage of the dwelling units within the development offer affordable housing to low and moderate income households.

"Affordable housing" to be defined

71(6)        A requirement under subsection (5) may be imposed only if a definition of "affordable housing", or the manner for determining if housing is affordable housing, is prescribed in the by-law.

Incentive zoning

71(7)       A zoning by-law may allow for the modification of specified development requirements, including increased density of dwelling units, if a development provides the public benefits prescribed in the by-law, such as affordable housing.

S.M. 2013, c. 25, s. 2.

Zoning by-laws for livestock operations

72(1)       Zoning by-laws respecting livestock operations must be generally consistent with the livestock operation policy of the planning district or municipality.

Restricted zoning for large livestock operations

72(2)       If the livestock operation policy designates an area as a place where livestock operations may be allowed, the zoning by-law for that area

(a) must designate livestock operations involving 300 or more animal units as a conditional use; and

(b) may designate livestock operations involving fewer than 300 animal units as a permitted use or a conditional use.

Siting and setback of livestock operations

72(3)       The zoning by-law must establish siting and setback requirements for livestock operations that

(a) meet minimum standards established by regulation; and

(b) are generally consistent with the livestock operation policy of the planning district or municipality.

73          [Repealed]

S.M. 2013, c. 25, s. 3.

ADOPTION OF ZONING BY-LAW

Public hearing

74(1)       Between first and second reading of a zoning by-law, a board, council or planning commission must hold a public hearing to receive representations from any person on the by-law, and give notice of the hearing in accordance with section 168.

Alteration to zoning by-law

74(2)       If, after the public hearing, the board or council proposes to alter the by-law, a second public hearing must be held in accordance with subsection (1) to receive representations on the alterations to the by-law.

No hearing for minor alteration

74(3)       A second public hearing is not required if the alteration is a minor one that does not change the intent of the by-law.

Adoption if no objection

75          If no person objects to the zoning by-law at the hearing held under subsection 74(1), the board or council may

(a) give the by-law second and third reading; or

(b) pass a resolution not to proceed with the by-law.

When Planning Commission Holds Hearing

Objections at planning commission hearing

76(1)       When an objection to a zoning by-law is received at a hearing held by a planning commission under subsection 74(1), it must be dealt with in accordance with this section.

Options of board or council

76(2)       After being advised of the objection by the planning commission, the board or council may

(a) give the by-law second reading; or

(b) pass a resolution not to proceed with the by-law.

Notice to objectors

76(3)       If the board or council gives the by-law second reading it must, as soon as practicable after second reading, send a notice to every person who objected to the by-law, stating that

(a) the person may file a second objection to the by-law with the board or council by the deadline specified in the notice, which must be at least 14 days after the date of the notice; and

(b) if a second objection is not filed before the deadline, the by-law may be given third reading without further notice.

Actions if no second objection

76(4)       If the board or council does not receive a second objection by the deadline set out in the notice under subsection (3), it may

(a) give the by-law third reading; or

(b) pass a resolution not to proceed with the by-law.

Hearing on second objection

76(5)       If the board or council receives a second objection by the deadline set out in the notice under subsection (3), it must

(a) hold a public hearing to receive representations from any person on the objection; and

(b) at least 14 days before the hearing, send notice of the hearing to

(i) the applicant,

(ii) every person who made a representation at the hearing held under subsection 74(1), and

(iii) any other person it considers appropriate.

Decision

76(6)       After holding the hearing, the board or council may

(a) give the by-law third reading if no alterations are made to the by-law;

(b) alter the by-law to address any representations on the objection made at the hearing and, despite subsection 74(2), give the altered by-law third reading without further notice or hearing; or

(c) pass a resolution not to proceed with the by-law.

When Board or Council Holds Hearing

Objections at board or council hearing

77(1)       When an objection to a zoning by-law is received at a hearing held by a board or council under subsection 74(1), it must be dealt with in accordance with this section.

Options of board or council

77(2)       The board or council may

(a) give the by-law second reading; or

(b) pass a resolution not to proceed with the by-law.

Notice to objectors

77(3)       If the board or council gives the by-law second reading, it must, as soon as practicable after second reading, send the notice described in section 76(3) to every person who objected to the by-law.

Actions if no second objection

77(4)       If the board or council does not receive a second objection by the deadline set out in the notice under subsection (3), it may

(a) give the by-law third reading; or

(b) pass a resolution not to proceed with the by-law.

Referring second objection

77(5)       If the board or council receives a second objection by the deadline set out in the notice under subsection (3), it must refer the objection to

(a) the Municipal Board, in the case of a planning district or a municipality that is not part of a planning district; or

(b) the board of the municipality's planning district, in the case of a municipality that is part of a planning district.

Requirement for third reading

77(6)       If the board or council refers an objection under subsection (5), it must not give the by-law third reading unless

(a) the Municipal Board or the board of the planning district makes an order under clause (8)(a), confirming the parts of the by-law that were the subject of the objection; or

(b) it complies with an order of the Municipal Board or the board of the planning district under clause (8)(b) (alteration of by-law).

Hearing

77(7)       Upon receiving an objection referred to it under subsection (5), the Municipal Board or the board of the planning district must

(a) hold a public hearing to receive representations from any person on the objection; and

(b) at least 14 days before the hearing, send notice of the hearing to

(i) the applicant,

(ii) the board or council that referred the objection,

(iii) every person who made a representation at the hearing held under subsection 74(1), and

(iv) any other person it considers appropriate.

Order

77(8)       Subject to subsection (10), within 30 days after holding the hearing, the Municipal Board or the board of the planning district must make an order

(a) confirming or refusing to confirm any part of the by-law that was the subject of the objection; or

(b) directing the board or council to alter the by-law in the manner it specifies to address any representations on the objection made at the hearing.

The order may be subject to any terms or conditions the Municipal Board or the board considers advisable.

Notice of decision

77(9)       The Municipal Board or the board of the planning district must send a copy of its order to the board or council that referred the objection, and to every person who made a representation at the hearing held under subsection (7).

Delayed decision

77(10)      If the minister is reviewing a development plan by-law or an amendment to a development plan by-law at the same time as an objection to a zoning by-law for the same area is being considered under this section, the Municipal Board or the board of a planning district may delay making an order until the minister has made his or her decision.

Order not subject to appeal

77(11)      The order of the Municipal Board or the board of the planning district is final and not subject to appeal.

General Adoption Matters

Objections from public authorities

78(1)       Despite sections 76 and 77, a second objection to a zoning by-law received from any of the following must be referred to the Municipal Board and dealt with in accordance with the procedure set out in subsections 77(6) to (11):

(a) the minister;

(b) the board of a planning district;

(c) the council of a municipality;

(d) the Government of Canada.

Transfer of objections

78(2)       When an objection is referred to the Municipal Board under subsection (1), any other objection to the by-law must also be referred to the Municipal Board.

Notice of adoption

79(1)       As soon as practicable after a board or council adopts a zoning by-law, it must

(a) send a copy of the by-law to the minister; and

(b) send a notice stating that the by-law was adopted to every person who made a representation at the hearing held under subsection 74(1).

Notice of resolution not to proceed

79(2)       As soon as practicable after a board or council passes a resolution not to proceed with a zoning by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection 74(1).

AMENDMENTS

Amending zoning by-law

80(1)       An amendment to a zoning by-law may be initiated by

(a) the board or council; or

(b) the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council.

Application by owner may be refused

80(2)       An application for an amendment to a zoning by-law under clause (1)(b) may be refused if, in the opinion of the board or council,

(a) it is without merit;

(b) the proposed amendment is not generally consistent with the development plan by-law; or

(c) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made.

Amendment process

80(3)       Sections 74 to 79 apply to an amendment to a zoning by-law, with any necessary changes.

Development agreement as condition

81          As a condition of making an amendment to a zoning by-law, the board or council may require the owner of the affected property to enter into a development agreement under section 150.

Exception for minor amendments

82(1)       A board or council may apply to the minister to make a minor amendment to a zoning by-law, or to amend the by-law to correct an error or omission, without complying with subsection 80(3). The application must include a copy of the proposed amendment.

Decision

82(2)       The minister may give the board or council written authorization to amend the zoning by-law without giving public notice or holding a hearing, subject to any conditions set out in the authorization, if the minister is satisfied that

(a) the proposed amendment is a minor one that does not change the intent of the by-law; or

(b) the proposed amendment is required to correct an error or omission.

GENERAL PROVISIONS

Quashing of by-law

83          After a zoning by-law has been given third reading, it is deemed to have been within the power of the board or council to enact, and any proceeding to quash the by-law must be taken in accordance with Division 1 of Part 12 of The Municipal Act.

Effect of zoning by-law on caveats

84(1)       A zoning by-law does not rescind or affect the right of any person to enforce a restriction, interest or covenant affecting land if the restriction, interest or covenant is registered against the land in the land titles office.

Development scheme is a restriction

84(2)       For greater certainty, a development scheme registered under section 76.2 of The Real Property Act is a restriction for the purpose of subsection (1).

S.M. 2011, c. 33, s. 50.

Zoning memorandum may be issued

85          A person with an interest in a building, parcel of land or operation involving the use of land may apply to the planning district or municipality for a zoning memorandum that states whether or not the building, parcel, use, or intensity of use appears to conform with the zoning by-law.

NON-CONFORMING USES

Continuance of lawfully existing non-conformities

86(1)       Subject to sections 88 to 91, the enactment of a new zoning by-law does not affect any of the following that lawfully existed before the enactment of the new zoning by-law:

(a) a building;

(b) a parcel of land;

(c) the use of land, or the intensity of a use of land.

What constitutes existing building

86(2)        Subsection (1) applies to a building if, on the date the zoning by-law is enacted,

(a) the building is lawfully under construction; or

(b) a permit for its construction is in force and effect, and construction of the building is started by the deadline set out in the permit.

What constitutes existing parcel

86(3)       Subsection (1) applies to a parcel of land if, on the date the zoning by-law is enacted, a conditional approval for subdivision of the land has been issued by the approving authority under subsection 126 and the subdivision is registered in the land titles office by the deadline set out in the approval.

What constitutes existing use

86(4)       Subsection (1) applies to a use of land, or the intensity of a use of land, if, on the date the zoning by-law is enacted, a permit or approval has been issued by the planning district or municipality authorizing the use of land or the intensity of the use of land.

Certificate of non-conformity

87          A person with an interest in a building, a parcel of land or an operation involving a use of land that does not comply with a zoning by-law may apply to the planning district or municipality for a certificate confirming that the building, parcel, use of land, or intensity of use was lawfully in existence before the enactment of the zoning by-law. The certificate is conclusive evidence of the facts stated in it.

Cancellation of permits

88(1)       A board or council may cancel a permit or approval issued under this Act if the development authorized by the permit or approval has not begun before the passing of a zoning by-law that prohibits the issuance of the permit or approval.

Agreement on expenses

88(2)       If a permit or approval is cancelled under subsection (1), the planning district or municipality must pay the holder of the permit or approval such expenses for preparation of plans and any promotion in respect of the development for which the permit or approval was issued as may be agreed upon with the district or municipality.

Arbitration if no agreement

88(3)       If no agreement can be reached under subsection (2), the holder of the permit or approval may require the planning district or municipality to submit the claim to arbitration by serving a written notice to that effect on the district or municipality.

Conduct of arbitration

88(4)       An arbitration of a claim under subsection (3) must be conducted by an arbitrator appointed under The Arbitration Act by the parties or, if they are unable to agree on an arbitrator, by an arbitrator appointed by the minister.

Limits on construction

89(1)       Construction may be carried out in respect of an existing building that does not conform with a zoning by-law if the construction

(a) does not increase the non-conformity; and

(b) otherwise conforms with the zoning by-law, other by-laws and any variance approved under this Part.

Damaged non-conforming building

89(2)       If

(a) a building that does not conform with a zoning by-law is damaged or destroyed; and

(b) the board or council determines that the cost of repairing or rebuilding the building is more than 50% of the cost of constructing an equivalent new building, or such greater percentage as may be specified in the zoning by-law;

the building must not be repaired or rebuilt except in conformity with the zoning by-law and any variance approved under this Part.

No increase or change in non-conforming use

90(1)       If the existing use of a building or land does not conform with a zoning by-law, that use may not be intensified or changed to another non-conforming use.

Non-conforming parcels

90(2)       If the size or dimensions of an existing parcel of land do not conform with a zoning by-law, the owner of the land may

(a) use the land for any use permitted under the by-law; and

(b) if all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a building on the land.

Discontinuance of non-conforming use

91(1)       Unless the zoning by-law provides otherwise, if

(a) the use of land, or the intensity of the use of land, does not conform with a zoning by-law; and

(b) the non-conforming use, or non-conforming intensity of use, has been discontinued for more than 12 consecutive months;

the land must not be used after that time except in conformity with the zoning by-law.

Effect of change of ownership on use

91(2)       A change of owners, tenants or occupants of land is not in itself a change of use of land for the purpose of subsection (1).

Non-conformity may be altered by variance

92(1)       The board or council may, on application by the owner, or a person authorized in writing by the owner, make a variance order authorizing

(a) construction on a non-conforming building beyond that permitted under subsection 89(1);

(b) an increase in the intensity of an existing non-conforming use, other than a variance to increase the number of animal units in a non-conforming livestock operation;

(c) the repair or rebuilding of a non-conforming building that has sustained more damage than permitted under subsection 89(2); or

(d) the extension of the 12-month time limit under subsection 91(1) for not more than 12 additional months.

Variation procedure applies

92(2)       An application under subsection (1) is subject to the hearing and approval process set out in Part 6.

Acquiring non-conforming land or building

93          A planning district or municipality may, by purchase, lease, exchange, or expropriation under The Expropriation Act, acquire a parcel of land or building that does not conform with a zoning by-law. The parcel of land or building may be sold, leased or otherwise disposed of by the district or municipality.

PART 6

VARIANCES

Applicants

94(1)       A person who believes that a zoning by-law adversely affects his or her property rights may apply for an order varying specific provisions of the by-law insofar as they apply to the affected property.

Application to board or council

94(2)       The application must be made to

(a) the council of the municipality in which the affected property is located; or

(b) the board of the planning district in which the affected property is located, if the planning district has adopted a district-wide zoning by-law under section 69.

Application requirements

94(3)       The application must be in the form and accompanied by any supporting material and fee required by the board or council.

Authority respecting variances

95          A board or council may, by by-law, authorize its planning commission to consider and make decisions on applications for variances or specified types of variances. Applications must be referred to the planning commission in accordance with the by-law.

Public hearing

96          Upon receiving an application under section 94, the board, council or planning commission must

(a) hold a public hearing to receive representations from any person on the application; and

(b) give notice of the hearing in accordance with section 169.

Decision

97(1)       After holding the hearing, the board, council or planning commission must make an order,

(a) rejecting the requested variance; or

(b) varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order if the variance

(i) will be compatible with the general nature of the surrounding area,

(ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area,

(iii) is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and

(iv) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Restrictions on variances

97(2)       A variance order must not be made if it makes a change of land use other than

(a) a temporary change of land use for a period of not more than five years; or

(b) a change of land use to a use that is substantially similar to a use permitted under the zoning by-law being modified by the variance.

Conditions of order

98(1)       In making a variance order under clause 97(1)(b), the board, council or planning commission may

(a) impose any conditions on the applicant or the owner of the affected property that it considers necessary to meet the requirements of clause 97(1)(b); and

(b) require the owner of the affected property to enter into a development agreement under section 150.

Revoking variance order

98(2)       A variance order may be revoked if the applicant or the owner of the affected property fails to comply with the variance order or any condition imposed under subsection (1).

Notice of decision

99          The board, council or planning commission must send a copy of its order to the applicant and every person who made a representation at the hearing held under section 96.

No appeal

100(1)      The order of a board or council on an application for a variance is final and not subject to appeal.

Appeal of planning commission order

100(2)      The order of a planning commission on an application for a variance may be appealed in accordance with sections 34 and 35 (appeal of decision by commission).

Expiry of variance order

101(1)      A variance order will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision.

Extending approval deadline

101(2)      A board, council or planning commission may extend the deadline under subsection (1) for an additional period not longer than 12 months if an application is received before the initial deadline.

Authority re minor variances

102(1)      A board or council may, by by-law, authorize a designated employee or officer to make an order that varies

(a) any height, distance, area, size or intensity of use requirement in the zoning by-law by no more than 10%; or

(b) the number of parking spaces required by the zoning by-law by no more than 10%.

No notice or hearing required

102(2)      An application for a minor variance does not require a hearing under section 96 or notice to any person.

Decision on minor variances

102(3)      The designated employee or officer must make an order

(a) rejecting the requested variance; or

(b) varying the application of the zoning by-law with respect to the affected property in accordance with the limits of subsection (1), subject to any conditions considered necessary to meet the requirements of clause 97(1)(b).

Submissions before setting conditions

102(4)      A minor variance order must not be made subject to conditions unless the applicant has been given a reasonable opportunity to make representations about the proposed conditions.

Notice to applicant

102(5)      The designated employee or officer must send a copy of the order to the applicant, along with written notice of the applicant's right to appeal the order under subsection (6).

Appeal of minor variance

102(6)      The applicant may appeal the order of the designated employee or officer, and sections 94 to 100 apply to the appeal, with any necessary changes.

PART 7

CONDITIONAL USES

DIVISION 1

GENERAL CONDITIONAL USES

APPLICATIONS

Requirement for approval

103(1)      No person may undertake a conditional use without first obtaining approval under this Part.

Applicants

103(2)      An application for approval of a conditional use must be made by the owner of the affected property, or a person authorized in writing by the owner.

Application to board or council

103(3)      The application must be made to

(a) the council of the municipality in which the affected property is located; or

(b) the board of the planning district in which the affected property is located, if the planning district has adopted a district-wide zoning by-law under section 69.

Application requirements

103(4)      The application must be in the form and accompanied by any supporting material and fee required by the board or council.

Authority respecting conditional uses

104         A board or council may, by by-law, authorize a planning commission to consider and make decisions on applications for conditional uses or specified types of conditional uses. Applications must be referred to the planning commission in accordance with the by-law.

Public hearing

105         Upon receiving an application for approval of a conditional use, the board, council, or planning commission must

(a) hold a public hearing to receive representations from any person on the application; and

(b) give notice of the hearing in accordance with section 169.

Decision

106(1)      After holding the hearing, the board, council or planning commission must make an order

(a) rejecting the application; or

(b) approving the application if the conditional use proposed in the application

(i) will be compatible with the general nature of the surrounding area,

(ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and

(iii) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Conditions of approval

106(2)      When approving an application for a conditional use, the board, council or planning commission may, subject to section 107 and subsections 116(2) and (3) (conditions on livestock operations),

(a) impose any conditions on the approval that it considers necessary to meet the requirements of clause (1)(b); and

(b) require the owner of the affected property to enter into a development agreement under section 150.

Revoking approval

106(3)      The approval of a conditional use may be revoked if the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2).

Modification of conditions

106(4)      A condition imposed on the approval of a conditional use may be changed only by following the same process required to approve a new conditional use under this Part.

Conditions on small livestock operations

107(1)      Only the following conditions may be imposed on the approval of a conditional use for a livestock operation involving fewer than 300 animal units, and any condition must be relevant and reasonable:

(a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law;

(b) one or both of the following measures intended to reduce odours from the livestock operation:

(i) requiring covers on manure storage facilities,

(ii) requiring shelter belts to be established;

(c) requiring the owner of the affected property to enter into a development agreement dealing with the affected property and any contiguous land owned or leased by the owner, on one or more of the following matters:

(i) the timing of construction of any proposed building,

(ii) the control of traffic,

(iii) the construction or maintenance — at the owner's expense or partly at the owner's expense — of roads, traffic control devices, fencing, landscaping, shelter belts or site drainage works required to service the livestock operation,

(iv) the payment of a sum of money to the planning district or municipality to be used to construct anything mentioned in subclause (iii).

No conditions re manure

107(2)      No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation described in subsection (1), other than a condition permitted under clause (1)(b).

Notice of decision

108         The board, council or planning commission must send a copy of its order to the applicant and every person who made a representation at the hearing held under section 105.

No appeal

109(1)      The order of a board or council on an application for approval of a conditional use is final and not subject to appeal.

Appeal of planning commission order

109(2)      The order of a planning commission on an application for approval of a conditional use may be appealed in accordance with sections 34 and 35 (appeal of decision by commission).

Expiry of approval

110(1)      The approval of a conditional use under this Part will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision.

Extending approval deadline

110(2)      A board, council or planning commission may extend the deadline under subsection (1) for an additional period not longer than 12 months if an application is received before the initial deadline.

DIVISION 2

LARGE-SCALE CONDITIONAL USE LIVESTOCK OPERATIONS

Application

111(1)      An application to approve a conditional use for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with this Division.

Applicability of Division 1

111(2)      Sections 103, 104, 109 and 110 and subsection 106(4) apply to an application that is subject to this Division.

Minister to receive copy of application

112         A board, council or planning commission must ensure that when an application that is subject to this Division is received, a copy of the application and all supporting material is sent to the minister as soon as reasonably practicable.

TECHNICAL REVIEW COMMITTEES

Appointment of Technical Review Committees

113(1)      The minister may appoint a committee, to be known as the Technical Review Committee, for each region of the province.

Application referred to T.R.C.

113(2)      Upon receiving an application under this Division, the minister must refer it to the appropriate Technical Review Committee for review.

Committee may require additional material

113(3)      The Technical Review Committee may require the applicant to provide material in addition to the material required under subsection 103(4).

T.R.C. report

113(4)      The Technical Review Committee must prepare a report setting out its findings and recommendations respecting the application and give the report to the board, council or planning commission.

Report available for inspection

113(5)      The Technical Review Committee report must be available for inspection and copying at the office of the applicable planning district or municipality.

Regulations re T.R.C.

113(6)      The Lieutenant Governor in Council may make regulations respecting the review of applications received by a Technical Review Committee, including, but not limited to, the process and procedure to be used by the committee

(a) in obtaining information from an applicant and the public about an application; and

(b) in conducting its review.

S.M. 2011, c. 2, s. 2.

HEARINGS

Hearing date

114(1)      The board, council or planning commission must fix a date for the hearing of an application under this Division, which must be at least 30 days after it receives the Technical Review Committee report respecting the application.

Notice of hearing date

114(2)      At least 14 days before the date of hearing, the board, council or planning commission must

(a) send notice of the hearing to

(i) the applicant,

(ii) the minister,

(iii) all adjacent planning districts and municipalities, and

(iv) every owner of property located within three kilometres of the site of the proposed livestock operation, even if a property is located outside the boundaries of the planning district or municipality;

(b) publish the notice of hearing in one issue of a newspaper with a general circulation in the planning district or municipality or, when there is no newspaper with a general circulation in the area, post the notice in the office of the planning district or municipality and at least two other public places in the district or municipality; and

(c) post a copy of the notice of hearing on the affected property in accordance with section 170.

Notice of T.R.C. report

114(3)      The notice of hearing must include notice that the Technical Review Committee report is available for inspection and copying at the office of the planning district or municipality.

Hearing

115         At the hearing, the board, council or planning commission must receive representations from any person on the application.

DECISION

Decision

116(1)      After holding the hearing, the board, council or planning commission must make an order

(a) rejecting the application; or

(b) approving the application if

(i) the Technical Review Committee has determined, based on the available information, that the proposed operation will not create a risk to health, safety or the environment, or that any risk can be minimized through the use of appropriate practices, measures and safeguards, and

(ii) the proposed operation

(A) will be compatible with the general nature of the surrounding area,

(B) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and

(C) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Conditions on livestock operations

116(2)      Only the following conditions may be imposed on the approval of an application under this Division, and any condition must be relevant and reasonable:

(a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law;

(b) measures to implement recommendations made by the Technical Review Committee;

(c) one or both of the following measures intended to reduce odours from the livestock operation:

(i) requiring covers on manure storage facilities,

(ii) requiring shelter belts to be established;

(d) requiring the owner of the affected property to enter into a development agreement under clause 107(1)(c).

No conditions re manure

116(3)      No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation that is the subject of an application under this Division other than a condition permitted under clause (2)(c).

Revoking approval

116(4)      The approval of a livestock operation subject to this Division may be revoked if the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2).

Notice of decision

117         The board, council or planning commission must send a copy of its order to

(a) the applicant;

(b) the minister; and

(c) every person who made a representation at the hearing held under section 115.

No development until all approvals obtained

118         No development or expansion of a livestock operation that is the subject of an application under this Division may take place until

(a) the application is approved and the applicant complies, or agrees to comply, with any condition imposed on the approval under this Division; and

(b) the applicant obtains every approval, including any permit or licence, required under an Act, regulation or by-law in respect of the proposed operation or expansion, and complies with, or agrees to comply with, any condition attached to the approval.

PART 8

SUBDIVISION CONTROL

DEFINITIONS

Definitions

119(1)      The following definitions apply in this Part.

"applicant" means a person who applies for subdivision approval under section 124. (« auteur de la demande »)

"approving authority" means the minister or a board authorized by the minister under section 120. (« autorité compétente »)

"minor subdivision" means a subdivision that results in a single new parcel of land or a subdivision of one or more parcels of land where each parcel being transferred is to be consolidated with an adjacent parcel covered by another title so that no additional title results, provided

(a) the parcels resulting from the subdivision conform with the development plan by-law, the zoning by-law and any secondary plan by-law;

(b) no new public roads will be created as a result of the subdivision; and

(c) the subdivision does not require any change in access to a provincial road or provincial trunk highway. (« lotissement mineur »)

"railway line" means the track, land and structure on which a railway may be operated and includes all extra rights of way, auxiliary tracks, spurs, wyes, sidings, station grounds and yards. (« ligne de chemin de fer »)

"registered plan of subdivision" does not include an explanatory plan filed in the land titles office under section 127 of The Real Property Act. (« plan de lotissement enregistré »)

Mines and minerals not included

119(2)      In this Part, "land" does not include mines and minerals or sand and gravel.

S.M. 2013, c. 37, s. 2.

Board as approving authority

120         At the request of the board of a planning district, the minister may authorize the board to act as the approving authority for the area under its jurisdiction, subject to any conditions the minister considers appropriate.

WHEN SUBDIVISION APPROVAL IS REQUIRED

Approval required for subdivision of land

121(1)      A district registrar may not accept for registration any instrument that has the effect, or may have the effect, of subdividing a parcel of land, including

(a) a plan of subdivision;

(b) a plan of survey;

(c) an order or judgment of a court; and

(d) a caveat;

unless the subdivision has been approved by the approving authority.

Cases in which approval is not required

121(2)      As exceptions to subsection (1), a district registrar may accept an instrument that has the effect, or may have the effect, of subdividing a parcel of land in any of the following circumstances:

(a) each parcel resulting from the subdivision consists of

(i) at least 80 acres, and either abuts on a public road or is being consolidated with an adjoining parcel that abuts on a public road,

(ii) two or more legal subdivisions that abut each other, and either abut on a public road or are being consolidated with an adjoining parcel that abuts on a public road,

(iii) a parcel of approximately equal area to the other parcel created by the subdivision of an entire quarter section where the parcels abut each other and either abut on a public road or are being consolidated with an adjoining parcel that abuts on a public road,

(iv) one or more whole lots or blocks in a registered plan of subdivision,

(v) one or more whole lots or blocks and any existing part or parts of a lot or block contiguous thereto in a registered plan of subdivision, or

(vi) at least one parish lot, or more if contiguous, in either the inner or the outer two miles, or a settlement lot (not including a woodlot or a park lot);

(b) the parcel resulting from the subdivision is not contiguous to and does not abut any other land described in the certificate of title, but does abut on a public road or is being consolidated with adjoining land that abuts on a public road;

(c) the land is being acquired or disposed of by Her Majesty in right of Canada or Manitoba or by Manitoba Hydro;

(d) the land is being acquired by a municipality for the purpose of

(i) widening or extending a public road, or

(ii) constructing, opening or making a new drain, or widening, altering, diverting or straightening an existing drain under The Municipal Act,

and the instrument or plan is accompanied, at registration, by a statutory declaration of an officer of the municipality that the land was acquired for one of those purposes;

(e) the land was part of a government road allowance, public road or public reserve that has been closed by by-law and is being consolidated with adjacent existing titles;

(f) the land is part of a railroad right-of-way and is being consolidated with adjacent existing titles.

Parcel includes public road, etc.

121(3)      For the purpose of subclauses 2(a)(i), (ii), (iii) and (vi), a parcel of land is deemed to include land for a public road, road allowance, drain or right-of-way excepted from the land described in the certificate of title covering the parcel.

Contiguity of land

121(4)      For the purpose of this section, land that is excepted from land described in a certificate of title for a public road — excluding a government road allowance — railway line, transmission or distribution line, river, drain or right of way, or is acquired for any of those purposes, is deemed not to create a break in the contiguity of the land.

Easement not a subdivision

121(5)      For the purpose of this section, an easement does not have the effect of subdividing a parcel of land, and is deemed not to create a break in the contiguity of the land.

Affidavit or statutory declaration may be required

121(6)      The district registrar may require an affidavit or statutory declaration by a party to an instrument alleging facts to establish that clause (2)(a) applies to a subdivision.  The affidavit or declaration is conclusive proof of the facts stated in it.

Effect of zoning by-law

121(7)      When a parcel of land remains after adjoining land or a use or right in adjoining land is acquired under clause (2)(c) or (d), the parcel is deemed to conform to the applicable site area or lot size requirements of the zoning by-law in force at the time of the acquisition.

Caveat void

121(8)      A caveat filed contrary to subsection 148(2) of The Real Property Act is void.

Unregistered instrument effecting subdivision

122         An interest in land is not created or conveyed by an unregistered instrument that purports to subdivide land or to have the effect of subdividing land contrary to this Part.

RESTRICTION ON SUBDIVISION APPROVAL

Restriction on approvals

123         A subdivision of land must not be approved unless

(a) the land that is proposed to be subdivided is suitable for the purpose for which the subdivision is intended; and

(b) the proposed subdivision conforms with

(i) the development plan by-law and zoning by-law,

(ii) any secondary plan by-law, and

(iii) the regulations under section 146.

APPLYING FOR SUBDIVISION APPROVAL

Application for subdivision approval

124(1)      The owner of land, or a person authorized in writing by the owner, may apply to the approving authority for subdivision approval in accordance with the regulations.

Approving authority to prepare report

124(2)      Upon receiving an application, the approving authority must, in accordance with the regulations,

(a) refer the application to government departments and other entities for comment;

(b) prepare a planning report; and

(c) send the planning report along with a copy of the application to the council of the municipality in which the affected land is located.

Minor subdivisions

124(3)      Upon receiving an application for a minor subdivision, the approving authority may, in accordance with the regulations and as an exception to subsection (2),

(a) give conditional approval to the minor subdivision, subject to any conditions described in section 135 that the approving authority considers appropriate; and

(b) send a copy of the application and the conditional approval to the council of the municipality in which the affected land is located.

New or varied conditions

124(4)      The approving authority may add to, vary or rescind a condition it imposed under clause (3)(a), at any time before a certificate of approval is issued in respect of the minor subdivision.

S.M. 2013, c. 37, s. 3.

REVIEW BY COUNCIL

Review by council

125(1)      Upon receiving the application and a copy of the material from the approving authority, the council must consider the application and decide, by resolution,

(a) to reject it; or

(b) to approve the application, with or without any of the conditions described in section 135.

Hearing when road created

125(2)      If the proposed subdivision will result in the creation of a new public road, the council must

(a) hold a public hearing to receive representations on the proposed subdivision; and

(b) give notice of the hearing in accordance with section 169.

Council's decision final

125(3)      A resolution of council under this section is final, and the council may not reverse it notwithstanding The Municipal Act.  But the council may, by resolution, vary or rescind any condition it has specified under clause (1)(b) or specify new conditions.

Notice to approving authority

125(4)      The council must provide the approving authority with a certified copy of any resolution it makes under this section.

S.M. 2013, c. 37, s. 4.

MINOR SUBDIVISIONS

Review and approval of minor subdivisions

125.1(1)    In respect of an application for a minor subdivision sent to the council under subsection 124(3), a council may

(a) consider the application and decide, by resolution, to approve or reject it; or

(b) as an exception to section 125, provide that the application is to be referred to a designated employee or officer of the municipality and authorize the employee or officer to approve the application.

Approval may not be reversed

125.1(2)    An approval under subsection (1) is final, and may not be reversed, despite The Municipal Act.

Conditions on approval

125.1(3)    An approval under subsection (1) may be made subject to any of the conditions described in section 135, and the decision maker under subsection (1) may add to, vary or rescind a condition that the decision maker imposed at any time before a certificate of approval is issued in respect of the minor subdivision.

Effect of approval – minor subdivisions

125.1(4)    A decision to approve an application for a minor subdivision is deemed to be a decision of the approving authority to give conditional approval to the minor subdivision under clause 126(2)(b).

Council resolution required to reject

125.1(5)    A decision to reject an application for a minor subdivision may be made only by a resolution of council, and no designated employee or officer may be authorized to make such a decision.

Effect of rejection

125.1(6)    A council's decision to reject an application for a minor subdivision is deemed to be a decision of the approving authority under clause 126(1)(a), and no appeal lies from such a decision.

Notice of decision

125.1(7)    The municipality must send a certified copy of its decision to the applicant, the approving authority and, where a board is the approving authority, to the minister.

Non-application

125.1(8)    Subsections 126(3) to (5) do not apply in respect of a minor subdivision.

S.M. 2013, c. 37, s. 5.

FINAL DECISION BY APPROVING AUTHORITY

Role of approving authority

126(1)      Upon receiving a resolution of the council to approve or reject the application, the approving authority must

(a) reject the application if the council has rejected it; or

(b) consider the application, if the council has approved it.

Decision of approving authority

126(2)      After considering an application approved by council, the approving authority must do one of the following:

(a) reject the application;

(b) give conditional approval to the subdivision, subject to

(i) any conditions specified by council under clause 125(1)(b), and

(ii) any additional conditions described in section 135 that the approving authority considers appropriate.

Notice of decision

126(3)      The approving authority must send a copy of its decision to the applicant, the council and, where a board is the approving authority, to the minister.

New or varied conditions

126(4)      The approving authority may add to, vary or rescind a condition it has imposed under subclause (2)(b)(ii).

If no decision within 60 days

126(5)      If the approving authority fails to make a decision on an application, the applicant may, after the expiry of 60 days from the date of the council resolution, consider the application to have been rejected by the approving authority and may appeal the matter to the Municipal Board under section 129.

Conditional approval valid for 2 years

127         If, within two years after notice is given under subsection 125.1(7) or 126(3), the applicant does not satisfy the approving authority that the conditions imposed on a subdivision approval have been met, the conditional approval expires.  But the approving authority may, within that two-year period, extend the period for one additional period of not more than 12 months.

S.M. 2013, c. 37, s. 6.

Revoking a conditional approval

128(1)      The approving authority may, in writing, revoke a conditional approval it has given, if it believes the approval was issued in error, in which case the applicant is entitled to be compensated for his or her expenses. If no agreement on expenses can be reached, subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes.

Effect of revocation — minor subdivisions

128(1.1)    In the case of a minor subdivision, the revocation of a conditional approval by the approving authority under subsection (1) has the effect of revoking any approval of the minor subdivision under section 125.1.

Notice

128(2)      The approving authority must send a copy of the revocation to the applicant and the municipality.

Revocation final

128(3)      A revocation is final and may not be appealed.

S.M. 2013, c. 37, s. 7.

APPEAL TO MUNICIPAL BOARD

Right to appeal

129(1)      An applicant or the minister may appeal the following decisions of the approving authority to the Municipal Board:

(a) a decision to approve or reject an application under subsection 126(2), including a decision to impose conditions;

(b) a decision to impose new conditions or vary or rescind conditions under subsection 126(4).

No appeal if council rejects application

129(2)      For greater certainty, no appeal lies from a rejection of an application under clause 126(1)(a).

How to appeal

129(3)      An appeal may be commenced by sending a notice of appeal to the Municipal Board

(a) within 30 days after

(i) the municipality gives notice of its decision  under subsection 125.1(7), or

(ii) the approving authority gives notice of its decision under subsection 126(3); or

(b) after the expiry of the time specified in subsection 126(5), if the approving authority has failed to make a decision.

Notice of appeal

129(4)      A notice of appeal must include the following information:

(a) the legal description of the land proposed to be subdivided and the municipality in which that land is located;

(b) the name and address of the applicant;

(c) the name and address of the appellant;

(d) if the decision being appealed relates to conditions imposed in a conditional approval, a description of the conditions being appealed.

S.M. 2013, c. 37, s. 8.

Appeal hearing

130(1)      The Municipal Board must hold a hearing to consider the appeal.

Notice of hearing

130(2)      At least 14 days before the hearing, the Municipal Board must send notice of the hearing to the applicant, the minister, the approving authority, the council and any other person the board considers appropriate.

Decision of Municipal Board

131(1)      Subject to section 123 (restrictions on approval), the Municipal Board must make an order

(a) rejecting the proposed subdivision; or

(b) approving the proposed subdivision, subject to any conditions described in section 135 that it considers appropriate.

Notice of decision

131(2)      The Municipal Board must make its order within 30 days after the hearing is concluded, and must send a copy of the order to the applicant, the approving authority, the council, the minister and any other party to the appeal.

If conditions not met within 2 years

131(3)      If the Municipal Board approves a subdivision subject to conditions and the applicant fails to provide evidence satisfactory to the approving authority that the conditions have been met within two years from the date of the order, the conditional approval expires, unless extended under section 127.

CERTIFICATE OF APPROVAL

Certificate of approval

132(1)      Upon being satisfied that conditions imposed on a subdivision approval under clause 126(2)(b) or 131(1)(b) have been met, the approving authority must issue a certificate of approval.

Certificate issued in 30 days

132(2)      If the approving authority is a board, the board may not issue the certificate of approval until after the deadline for an appeal under section 129 has passed, unless the minister agrees to an earlier date.

Notice to council and minister

132(3)      The approving authority must send a copy of the certificate of approval to the applicant, the council and, where a board is the approving authority, to the minister.

Certificate valid for 12 months

132(4)      A certificate of approval is valid for 12 months after it is issued, but may, within that 12-month period, be extended by the approving authority for one additional period of not more than 12 months.

No certificate until appeal settled

132(5)      No certificate of approval may be issued under this section until any appeal under section 129 has been resolved.

WAITING PERIOD FOR NEW APPLICATIONS

Six-month wait before applying again

133         If an application for subdivision approval of land is rejected, the approving authority may refuse to accept for consideration, with respect to the same land, a further application submitted to it within six months from the later of the following dates:

(a) the date of the approving authority's decision to reject the application;

(b) if the rejection is appealed to the Municipal Board, the date of the Municipal Board's decision.

134         [Repealed]

S.M. 2013, c. 37, s. 9.

CONDITIONS OF SUBDIVISION APPROVAL

Conditions of approval

135         A subdivision of land may be approved subject to one or more of the following conditions, which must be relevant to the subdivision:

1.

Any condition necessary to ensure compliance with this Act or another Act, or the regulations made under them, or a development plan by-law, secondary plan by-law or zoning by-law.

2.

Any condition necessary to satisfy the requirements of a municipal by-law, including the payment of subdivision examination fees and capital levies, and the requirement to pay property taxes.

3.

A condition that the applicant enter into a development agreement with the government, the municipality or a planning district, as required, respecting

(a) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including, but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access, connections to existing services, fencing and landscaping;

(b) construction or payment by the owner of all or part of the capacity of works in excess of the capacity required for the proposed subdivision; and

(c) the use of the land and any existing or proposed building.

4.

Any condition recommended or required by a government department or other entity to which the application was referred by the approving authority.

5.

Any condition necessary for the proper design of the subdivision or to implement the reorganization of titles.

6.

A condition that the applicant dedicate the following land, without compensation:

(a) land for adequate public roads and municipal services in the subdivision;

(b) land for public reserve purposes, not exceeding 10% of the land being subdivided, but only if the land is being divided into parcels of less than 4 hectares;

(c) land for school purposes, not exceeding 10% of the land being subdivided;

(d) land not suitable for building sites or other development because it is unstable, subject to severe flooding, required for source water protection, or is otherwise unsuitable because of topographical or subsurface features, such as wetlands, gullies, ravines, natural drainage courses, creeks, ponds or lake beds;

(e) shore lands designated in a development plan by-law as land to be dedicated upon subdivision as a Crown reserve or a public reserve, including land that is or might be required to provide access to shore lands.

7.

As an alternative to dedicating land under item 6(d) or (e), a condition that the applicant enter into a development agreement with the government, the municipality, or the planning district as required, whereby the applicant agrees to conditions limiting, regulating or prohibiting any use, activity or development on the land.

8.

A condition that a zoning by-law be amended.

S.M. 2013, c. 37, s. 10.

Money in place of public reserve or school lands

136(1)      The council may require the owner of land that is the subject of a proposed subdivision to provide money to the municipality or a school board or school district in place of dedicating land for public reserve purposes or for school purposes under section 135, item 6(b) or (c).  The amount paid must be equivalent to the value of the land that would have been dedicated.

Council must specify payment as a condition

136(2)      If money is required to be paid in place of dedicating lands, the council must specify that such a payment is required in a resolution under section 125.

Agreement about the amount

136(3)      The applicant and the municipality may reach an agreement about the amount payable under this section, but if they cannot agree, either one may submit the matter to arbitration by sending a notice to that effect to the other.

Arbitration

136(4)      If arbitration is required,

(a) the value of the land must be determined on the basis of what might be expected to be realized if the unsubdivided land was sold in the open market immediately before the conditional approval; and

(b) subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes.

Errors in approvals or plans

137         If the approving authority believes an error or omission has been made in a conditional approval, certificate of approval or an unregistered plan of subdivision approved under this Part, it may make a correction without giving notice.

CONDITION OF SUBDIVISION APPROVAL — LAND FOR SCHOOL SITES

137.1       Not yet proclaimed.

Prohibition — advertising future school buildings

137.2(1)    No developer shall advertise that a school building is to be built or may be built on a parcel of land that is outside the City of Winnipeg.

Exception

137.2(2)    Subsection (1) does not apply in respect of a parcel of land if a school board is authorized to call for tenders for the construction of a school building on that parcel, as provided for under subsection 8.3(4) of The Public Schools Finance Board Act.

Definitions

137.2(3)    The following definitions apply in this section.

"advertise" means to advertise by any means and includes making oral representations. (« annoncer »)

"developer" means a person who, directly or indirectly, owns, leases or has the right to acquire or dispose of four or more parcels that are shown on the same plan of subdivision. (« promoteur »)

S.M. 2011, c. 38, s. 14.

Offence

137.3       A person who contravenes subsection 137.2(1) is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000; and

(b) in the case of a corporation, to a fine of not more than $25,000.

S.M. 2011, c. 38, s. 14.

USE AND DISPOSAL OF PUBLIC RESERVE LAND

Uses of public reserve land

138(1)      Public reserve land may be used only for

(a) a public park;

(b) a public recreation area;

(c) a natural area;

(d) a planted buffer strip separating incompatible land uses; or

(e) public works.

Land deemed to be public reserve land

138(2)      If land that is registered in the name of a municipality

(a) is used as a public park or public recreation area; and

(b) has not been designated as public reserve land as a result of a registered plan of subdivision;

it is deemed to be public reserve land for purposes of this Act.

Closing public reserve land

139(1)      Subject to subsection (2), a municipality may close public reserve land by

(a) passing a by-law to close the public reserve land;

(b) obtaining written approval of the by-law from the minister; and

(c) registering the approved by-law and, if required by a district registrar, a plan in the appropriate land titles office.

Notice and hearing of public reserve closing

139(2)      Before giving second reading to a by-law to close public reserve land, the council must

(a) hold a public hearing to receive representations from any person on the proposed by-law; and

(b) give notice of the hearing in accordance with section 169.

Money in place of reserve land

140(1)      The following money must be accounted for separately:

(a) money that the council receives from the sale or lease of land that was dedicated under section 135, item 6(a) or (b), if the council determines that the land was not required for a public purpose; or

(b) money paid to a municipality under subsection 136(1) in place of a dedication.

Use of money

140(2)      Money referred to subsection (1) and interest earned on the money may be used only for public parks or other recreational purposes.

Money in place of school lands

141(1)      The following money must be accounted for separately:

(a) money that a school board receives from the sale or lease of land that was dedicated under section 135, item 6(c), if the school board determines that the land is not required for school purposes;

(b) money paid to a school division or school district under subsection 136(1) in place of a dedication.

Use of school lands, money

141(2)      Money referred to in subsection (1) and interest earned on the money may be used only for capital expenditures.

Notice of intention to dispose of land and hearing

141(3)      When a school board proposes to dispose of land dedicated under section 135, item 6(c), it must give public notice of the proposal and must hold a public hearing to receive representations from persons and entities who may be affected.

FEES, CHARGES AND CAPITAL LEVIES

By-laws establishing fees and charges

142(1)      A board or council may, by by-law, set the fees and charges to be paid by applicants.

Examination and approval services

142(2)      Fees and charges may relate to technical, administrative, professional, consultative or other services required by the municipality or planning district to examine and approve a subdivision application.

Levies established by by-law

143(1)      A council may, by by-law, set the levies to be paid by applicants to compensate the municipality for the capital costs specified in the by-law that may be incurred by the subdivision of land.

Establishment of reserve funds

143(2)      A council must establish a reserve fund under The Municipal Act into which the levies are to be paid.

OBSOLETE PLANS OF SUBDIVISION

Obsolete plans of subdivision

144(1)      A council may, by by-law, declare that a plan of subdivision, or any part of a plan, that has been registered for eight years or more is not a registered plan of subdivision for the purpose of this Part.

Registration in land titles office

144(2)      Immediately after first reading of the by-law, the council must register a certified copy of the proposed by-law in the appropriate land titles office. After registration, no person may subdivide a parcel contained in a plan of subdivision to which the proposed by-law applies, without the approval of the approving authority.

Notice and hearing

144(3)      After first reading of the by-law, the council must

(a) hold a public hearing to receive representations from any person on the proposed by-law. The hearing date must be no more than 40 days after the first reading of the by-law; and

(b) give notice of the hearing in accordance with section 169.

Action of planning authority

144(4)      After the public hearing, the council must

(a) give second and third readings to the by-law; or

(b) pass a resolution not to proceed, in whole or in part, with the by-law.

Decision distributed

144(5)      The council must send a certified copy of a by-law or resolution made under subsection (4) to the minister and each person who made a representation at the public hearing, and must register a copy in the land titles office.

Discharge

144(6)      Upon registration of the by-law or resolution at the land titles office, the copy of the proposed by-law registered under subsection (2) must be discharged from the land titles office.

Plan declared obsolete cannot be revived

144(7)      After a council has passed a by-law under this section, it may not pass a subsequent by-law to revive or partially revive the plan of subdivision.

CANCELLING PLANS OF SUBDIVISION

Application for order cancelling or amending registered plan

145(1)      A council may apply to the Municipal Board for an order cancelling, in whole or in part, or amending a registered plan of subdivision to facilitate the physical development of a municipality.

Notice of hearing

145(2)      The Municipal Board must give notice of the date, time and place of a hearing to consider the application to the owner, the municipality and any other person the board considers appropriate.

Decision of Municipal Board

145(3)      After holding the hearing, the Municipal Board must make an order

(a) rejecting the application;

(b) directing the cancellation, in whole or in part, or the amendment of the registered plan, subject to any terms and conditions it considers necessary; or

(c) directing a new plan to be registered subject to any terms and conditions it considers necessary. The order has the effect of waiving the requirements of clause 117(6)(g) of The Real Property Act.

Municipal Board Act applies

145(4)      Sections 96 to 103 of The Municipal Board Act apply to an application made under this section, with necessary changes.

Principles of re-subdivision of a cancelled plan

145(5)      Notwithstanding sections 96 to 103 of The Municipal Board Act, the following principles apply to an application under this section:

(a) all parcels of land, including public roads and other public lands within the area covered by the application, are deemed to be a single unit of land;

(b) the land required for public roads and other public lands must be taken from the single unit and the remainder divided among the owners in a suitable and equitable manner.

Municipality as owner

145(6)      For the purpose of clause (5)(b), the municipality is deemed to be an owner of land.

REGULATIONS

Subdivision regulations

146(1)      The Lieutenant Governor in Council may make regulations

(a) respecting applications for subdivision approval, including regulations

(i) respecting the procedures to be followed by applicants, a council, the approving authority and other interested persons,

(ii) respecting the form of applications and the maps, documents and other information that must be submitted,

(iii) prescribing fees to be paid by applicants,

(iv) respecting the process for referring applications to government departments and agencies and other affected persons, which may be different for applications for minor subdivisions;

(v) respecting minor subdivisions which may be dealt with under subsection 124(3);

(b) respecting subdivision standards and requirements;

(c) respecting criteria the approving authority must use when considering a subdivision application;

(d) prescribing provisions of the regulations that a municipality or planning district may, by by-law, replace, waive or vary where their application would be unreasonable or impractical;

(e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Regulations may be limited

146(2)      A regulation under subsection (1) may apply to the whole or any part of the province.

S.M. 2013, c. 37, s. 11.

PART 9

DEVELOPMENT REQUIREMENTS

DEVELOPMENT PERMITS

Development permit required

147(1)      No development may take place unless

(a) a development permit has been issued in accordance with the applicable zoning by-law; and

(b) the development complies with the permit.

Application to board or council

147(2)      An application for a development permit must be made

(a) to the board of the planning district in which the proposed development is located; or

(b) if the proposed development is not located in a planning district, to the council of the municipality in which the proposed development is located.

Decision on development permit

148(1)      The board or council may issue the development permit if it is satisfied that the proposed development generally conforms with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Review of application

148(2)      The board or council may review the application for a period of not longer than 60 days after it is submitted to determine if the proposed development meets the requirements of subsection (1).

Withholding development permit

148(3)      The board or council may withhold issuing the permit for a further 125 days after the review period under subsection (2) if, at the time the application was made,

(a) the board or council had authorized the preparation of a development plan by-law, zoning by-law, or secondary plan by-law, or an amendment to any of those by-laws; and

(b) the proposed development does not generally conform with the proposed development plan by-law, zoning by-law, secondary plan by-law, or any proposed amendment to those by-laws.

Refusal to issue withheld permit

148(4)      The board or council may refuse to issue a development permit if

(a) the proposed by-law or amendment is passed within the period referred to in subsection (3); and

(b) the proposed development does not generally conform with the development plan by-law, zoning by-law, or secondary plan by-law, as adopted or amended.

No further withholding

148(5)      If the proposed by-law or amendment is not passed within the period referred to in subsection (3), the board or council must issue the development permit if the proposed development generally conforms with the development plan by-law, the zoning by-law and any secondary plan by-law in effect at the time the application was made.

Compensation for withholding

148(6)      If a development permit is issued in the circumstances set out in subsection (5), the owner of the affected property is entitled to compensation for damages resulting from the delay in issuing the permit. If the owner and the applicable board or council are unable to reach an agreement on compensation, subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes.

Dwelling units permitted on a parcel

149          No person may be issued a development permit to construct more than one dwelling unit or mobile home on a parcel of land, unless permitted to do so under the zoning by-law.

DEVELOPMENT AGREEMENTS

Development agreements

150         As a condition of amending a zoning by-law, making a variance order or approving a conditional use, a board, council or planning commission may, unless this Act provides otherwise, require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner dealing with one or more of the following matters:

(a) the use of the land and any existing or proposed building;

(b) the timing of construction of any proposed building;

(c) the siting and design, including exterior materials, of any proposed building;

(c.1) the provision of affordable housing, if the application is for an amendment to a zoning by-law to permit a new residential development that is subject to a requirement under subsection 71(5);

(d) the provision of parking;

(e) landscaping, the provision of open space or the grading of land and fencing;

(f) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access and connections to existing services;

(g) the payment of a sum of money to the planning district or municipality in lieu of the requirement under clause (f) to be used for any of the purposes referred to in that clause;

(h) the dedication of land or payment of money in lieu thereof, where the application is for an amendment to a zoning by-law to permit a residential use, use for a mobile home park or an increase in residential density, in which case item 6 of section 135 applies to the dedication.

S.M. 2013, c. 25, s. 4.

Development agreements for affordable housing

150.1       A development agreement that deals with the matters described in clause 150(c.1) may contain terms and conditions respecting

(a) the provision of affordable housing, including the number, type and extent of the dwelling units; and

(b) the measures that are required to be taken and maintained so that the housing remains affordable over the long term.

S.M. 2013, c. 25, s. 5.

Registering development agreements

151(1)      Any development agreement under this Act may provide that it runs with the land, and when a caveat with a copy of such an agreement attached is filed in the appropriate land titles office, the agreement binds the owner of the land affected by it, and the owner's heirs, executors, administrators, successors and assigns.

Agreement before amendment or order

151(2)      A development agreement under this Act can be entered into before an order, approval or amendment to a by-law is made, but the agreement is not binding until the amendment has passed or the order or approval has been made.

PART 10

NORTHERN MANITOBA

INTERPRETATION

Meaning of "minister"

152(1)      In this Part, "minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act.

Definitions from Northern Affairs Act

152(2)      In this Part, the following terms have the same meaning as they have in The Northern Affairs Act: "community", "community council", "incorporated community".

S.M. 2006, c. 34, s. 263.

APPLICATION TO NORTHERN MANITOBA

Application to Northern Manitoba

153(1)      Subject to this Part, this Act applies to Northern Manitoba, with necessary changes.

References to "minister"

153(2)      With the exception of Part 8 (Subdivision Control), when this Act is being applied to Northern Manitoba, a reference in any provision of this Act to "the minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act.

Incorporated communities

154         For the purposes of this Act,

(a) an incorporated community is deemed to be a municipality; and

(b) the council of an incorporated community is deemed to be a municipal council.

S.M. 2006, c. 34, s. 263.

Unincorporated areas

155         For the purposes of this Act, the minister is deemed to be the council for an area of Northern Manitoba that is not in an incorporated community.

Delegation of minister's authority

156(1)      The minister may, by regulation, delegate his or her authority as a council under section 155 to the community council for a community to do one or more of the following:

(a) adopt a development plan by-law and zoning by-law for the community;

(b) administer and enforce the development plan by-law and zoning by-law, including making variance orders and approving conditional uses;

(c) issue development permits;

(d) enter into development agreements.

Delegation subject to terms and conditions

156(2)      A delegation under subsection (1) may be subject to terms and conditions set out in the regulation.

S.M. 2006, c. 34, s. 263.

Municipal Board

157         The minister may appoint one or more persons to perform the functions of the Municipal Board with respect to any matter under this Act involving Northern Manitoba.

LAND USE PLANNING

Land use control may be adopted

158(1)      A development plan by-law and a zoning by-law may be adopted for any part of Northern Manitoba in accordance with this Part.

Adoption by incorporated communities

158(2)      A development plan by-law and a zoning by-law for an incorporated community must be adopted by the incorporated community's council.

Adoption by communities

158(3)      A development plan by-law and a zoning by-law for a community must be adopted by the minister, unless the minister has delegated that authority to the community council for the community in a regulation made under subsection 156(1).

Adoption in other areas of Northern Manitoba

158(4)      A development plan by-law and a zoning by-law for any part of Northern Manitoba that is not in an incorporated community or a community must be adopted by the minister.

S.M. 2006, c. 34, s. 263.

Modified adoption of development plan by-law

159         When a development plan by-law for a community is prepared by the community council, the normal adoption process under this Act is modified in the following manner:

(a) the minister is not required to approve the by-law under subsection 51(1);

(b) if the minister does not refer the by-law to the Municipal Board under section 49, the council may give third reading to the by-law 60 days after the by-law is submitted to the minister under subsection 47(1);

(c) if the minister refers the by-law to the Municipal Board under section 49, the council may give third reading to the by-law 60 days after the minister provides the council with a copy of the Municipal Board report provided under subsection 50(2).

S.M. 2006, c. 34, s. 263.

Filing requirement

160(1)      A community council that has adopted a development plan by-law or a zoning by-law must file a copy of the by-law with the minister in accordance with regulations made by the minister.

Delayed coming into force

160(2)      A by-law filed with the minister under subsection (1) comes into force 30 days after the day it was filed.

Disallowing by-law

160(3)      The minister may disallow a development plan by-law or a zoning by-law filed under subsection (1), in whole or in part, by written notice to the community council. Upon disallowance, the by-law or the disallowed part of it ceases to be in effect and is deemed to be repealed.

S.M. 2006, c. 34, s. 263.

Transitional provisions apply

161         When an area of Northern Manitoba is not subject to a development plan by-law or a zoning by-law, applications for the expansion or development of livestock operations must be dealt with in accordance with section 208 or 209.

SUBDIVISION CONTROL

Approving authority for subdivision

162          Despite subsection 152(1), the minister appointed by the Lieutenant Governor in Council to administer this Act is the approving authority for any application to subdivide land in Northern Manitoba.

PART 11

NOTICES AND HEARINGS

DIVISION 1

NOTICES

GENERAL

Sending notice

163(1)      When any notice or other document under this Act must be given or sent to a person, it may be

(a) personally delivered to the person; or

(b) sent by ordinary mail to the person.

Deemed receipt

163(2)      A notice or other document sent by ordinary mail to a person is deemed to be received by the person on the fourth day after it is mailed.

Alternate service

164         If for any reason it is not possible or reasonable to give or send a notice or other document to a person in accordance with section 163, the notice or document is deemed to be sent to the person if a copy of it is posted in the office of the applicable planning district or municipality for seven consecutive days.

Notice for written submissions

165         If this Act requires a notice to be given to a person who made a representation at a hearing and a written submission was made at the hearing on behalf of more than one person, notice is deemed to have been given if the notice is sent to one of those persons.

NOTICE OF HEARINGS

Notice of hearing

166         When notice of a hearing is required to be given under this Act, it must meet the applicable requirements of this Division.

Contents of notice

167          Notice of a hearing held under this Act must

(a) give the date, time and place of the hearing;

(b) give a summary of the matter to be considered at the hearing;

(c) state that any person may make a representation on the matter at the hearing;

(d) state that documents related to the matter to be considered at the hearing may be inspected or copied at the office of the applicable planning district or municipality and any other location specified in the notice;

(e) in the case of a hearing to consider a proposed by-law of general application, describe the area affected, by reference to designations or zones in the planning district or municipality, or state that the by-law applies to the entire district or municipality; and

(f) in the case of a hearing to consider a matter affecting a specific property, identify the location of that property.

Notice re planning districts, development plans and zoning by-laws

168(1)      Notice of any the following hearings must be given in accordance with this section:

(a) a hearing on the establishment of a planning district under subsection 16(3);

(b) a hearing on the alteration or dissolution of a planning district or the amalgamation of planning districts under section 27 or 28;

(c) a hearing on the adoption of a development plan by-law under subsection 46(1);

(d) a hearing on the adoption of a zoning by-law or a secondary plan by-law under subsection 74(1).

Publication requirements

168(2)      Notice of the hearing must be given by

(a) publishing notice of the hearing in a newspaper with a general circulation in the applicable planning district or municipality on two occasions at least six days apart, during the period beginning 40 days before the hearing and ending seven days before the hearing; or

(b) when there is no newspaper with a general circulation in the area, posting a copy of the notice of hearing in the office of the applicable planning district or municipality and at least two other public places in the district or municipality at least 14 days before the hearing.

Required notice

168(3)      At least 27 days before the hearing, a copy of the notice of the hearing must be sent

(a) to the applicant, if there is one;

(b) to the minister;

(c) to all adjacent planning districts and municipalities;

(d) when the hearing is held by the council of a municipality that is part of a planning district, to that planning district and all other municipalities in the district; and

(e) when the hearing is held by the board of a planning district, to all municipalities in the district.

Notice to affected property owners

168(4)      If the hearing is held to consider an amendment to a by-law that would affect a specific property,

(a) a copy of the notice of hearing must be sent at least 14 days before the hearing to the owner of the affected property, and every owner of property located within 100 metres of the affected property; or

(b) where the affected property is not remote or inaccessible, a copy of the notice of hearing must be posted on the affected property in accordance with section 170.

Notice re certain applications

169(1)      Notice of any of the following hearings must be given in accordance with this section:

(a) a hearing on an application for a variance under section 96;

(b) a hearing on an application to approve a conditional use under section 105, except for an application subject to Division 2 of Part 7 (Large-scale conditional use livestock operations);

(c) a hearing on an application for subdivision under subsection 125(2);

(d) a hearing on the adoption of a by-law to close public reserve land under subsection 139(2);

(e) a hearing on the adoption of a by-law to declare an obsolete plan of subdivision under subsection 144(3).

Required notice

169(2)      At least 14 days before the hearing, a copy of the notice of hearing must

(a) be sent to the applicant, if there is one;

(b) be posted in the office of the applicable planning district or municipality;

(c) be sent to the minister, in the case of a hearing to consider a by-law to close public reserve land or the declaration of an obsolete plan; and

(d) be sent to the minister, or the board of the applicable planning district if the board has been designated as an approving authority under section 120, in the case of a hearing to consider a subdivision application.

Notice to affected property owners

169(3)      A copy of the notice of hearing

(a) must be sent at least 14 days before the hearing to every owner of property located within 100 metres of the affected property; or

(b) where the affected property is not remote or inaccessible, must be posted on that property in accordance with section 170.

Notice of variance involving livestock operations

169(4)      If a hearing is to be held to consider an application

(a) by the owner of property to vary a separation distance between a building on the property and a livestock operation, a copy of the notice of hearing must be sent to the owner of the livestock operation; and

(b) by the owner of a livestock operation to vary a separation distance involving the operation, a copy of the notice of hearing must be sent to every owner of property located within the separation distance that is proposed to be varied.

Posting requirements

170(1)      If notice of a hearing is required to be posted on an affected property under this Act, the notice must be

(a) at least 28 x 43 centimetres in size with the words "NOTICE OF PUBLIC HEARING" printed in large bold letters;

(b) posted outdoors for 14 days immediately before the date of the hearing

(i) in conspicuous locations on the site of the property,

(ii) facing each public road adjacent to the property, and

(iii) not more than 1 metre inside the boundary lines of the property; and

(c) kept in legible form.

Proof of posting

170(2)      Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (1)(b) is proof that the notice was posted for the entire 14 day period.

Inspection of documents

171         The applicable planning district or municipality must

(a) allow persons to inspect documents related to the matter to be considered at the hearing at its office at the times set out in the notice; and

(b) provide copies of the documents for a reasonable fee.

DIVISION 2

HEARINGS

Conduct of hearing

172(1)      A body holding a hearing under this Act must

(a) subject to subsection (2), hold the hearing at the date, time and place set out in the notice of hearing;

(b) hear any person who wishes to make a representation on the matter to be considered at the hearing; and

(c) keep written minutes of the hearing.

Adjournment

172(2)      A hearing under this Act may adjourned to a fixed date. Unless the new hearing date is announced at the time of adjournment, the body holding the hearing must give notice of the continuation of the hearing as if it were a new hearing.

Representations

173(1)      A person may make a representation at a hearing under this Act by

(a) making an oral submission at the hearing; or

(b) filing a written submission with the body holding the hearing, before or at the hearing.

Recording representations

173(2)      The body holding the hearing must keep a record of all representations made at the hearing.

Combined hearings

174(1)      If a development application would require a board, council or planning commission, or the Municipal Board, to hold multiple hearings because the application requires

(a) amendments to more than one by-law; or

(b) other approvals that require hearings;

the board, council, planning commission or the Municipal Board may hold all of the required hearings related to the proposal that it has jurisdiction to hold together in a single combined hearing.

Notice of combined hearings

174(2)      The notice of hearing for each matter to be considered at a combined hearing may be combined into a single notice of hearing as long as that notice meets all of the requirements of Division 1.

PART 12

ENFORCEMENT

Authority to inspect and enforce

175(1)      A designated employee or officer of a planning district or municipality may, in accordance with the requirements of this Part, enter land or a building

(a) to conduct an inspection to determine if a person is complying with any of the following:

(i) a by-law adopted under this Act that the district or municipality is authorized to enforce,

(ii) the terms or conditions of a permit, approval or order made or issued under this Act, and

(b) to take any action authorized under this Act or a by-law to enforce or remedy a contravention of any matter referred to in clause (a).

Related inspection powers

175(2)      When conducting an inspection, the designated employee or officer may

(a) request that anything be produced to assist in the inspection;

(b) make copies of anything related to the inspection; and

(c) on providing a receipt, remove a record, document or other item related to the inspection.

No interference

175(3)      No person may interfere with a designated employee or officer who is conducting an inspection or enforcement action.

Requirements

176(1)      An inspection or enforcement action under section 175 must take place at a reasonable time and after reasonable notice has been given to the owner or occupier of the land or building. The designated employee or officer may enter the land or building in question only with the consent of the occupier or under authority of a warrant issued under section 177.

Identification

176(2)      The designated employee or officer must, upon request, produce identification showing that he or she is authorized by the planning district or municipality to conduct the inspection or enforcement action.

No notice in emergencies

176(3)      In an emergency, or in extraordinary circumstances, the designated employee or officer is not required to give reasonable or any notice to enter land or a building, and may take any inspection or enforcement action without the consent of the owner or occupier of the land or building and without a warrant.

Warrant

177         A justice, upon being satisfied by information on oath that

(a) a designated employee or officer has been refused entry to land or a building that he or she is entitled to inspect or carry out an enforcement action on; or

(b) a designated employee or officer reasonably anticipates that entry to the land or building will be refused;

may, upon application without notice, issue a warrant authorizing the designated employee or officer and any other person named in the warrant to enter the land or building and conduct an inspection or enforcement action.

Order to remedy contravention

178(1)      If the designated employee or officer finds that a person is contravening

(a) a by-law adopted under this Act that the planning district or municipality is authorized to enforce; or

(b) the terms or conditions of a permit, approval or order made or issued under authority of this Act;

the designated employee or officer may issue a written order requiring the person to remedy the contravention.

Content of order

178(2)      The order may

(a) direct the person to stop doing something, or to change the way in which the person is doing it;

(b) direct the person to take any action or measure necessary to remedy the contravention and, if necessary, to prevent a recurrence of the contravention;

(c) state a time within which the person must comply with the order; and

(d) state that if the person does not comply with the order within the specified time, the district or municipality may take any action required to remedy the contravention, at the expense of the person.

Review by board or council

178(3)      A person against whom an order is made under this section may require the board or council to review it by making a written request to the board or council no later than 14 days after the order was made.

Powers of board or council

178(4)      After receiving the written request to review the order, the board or council must review the order and may confirm, vary, or rescind the order.

District or municipality remedying contraventions

179(1)      A planning district or municipality may take any action or measure that is reasonable to remedy the contravention if

(a) the designated employee or officer has given a written order under section 178;

(b) the order contains the statements referred to in clauses 178(2)(b) and (d);

(c) the person to whom the order was directed has not complied with the order within the time period specified in the order; and

(d) the deadline for requesting a review under subsection 178(3) has passed or, if a review of the order has been requested, and the decision of the board or council was to allow the district or the municipality to take the action or measure.

Costs

179(2)      The costs of an action or measure taken by a planning district or municipality under this section are a debt owing to the district or municipality by the person who contravened the by-law.

Injunction

180         A planning district or municipality may apply to the Court of Queen's Bench for an injunction or other order to enforce a by-law made under this Act, or to restrain a contravention of the by-law, without initiating a prosecution thereof. The court may grant or refuse to grant the injunction or other order, or may make any other order that it considers fair and just.

OFFENCES AND PENALTIES

Offences

181(1)      Every person is guilty of an offence who contravenes

(a) a provision of this Act;

(b) a by-law adopted under this Act; or

(c) the terms or conditions of a permit, approval or order made or issued under this Act.

Continuing offences

181(2)      When a contravention continues for more than one day, the person is guilty of a separate offence for each day the offence continues.

Directors and officers

181(3)      If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties set out in clause 182(1)(a), whether or not the corporation has been prosecuted or convicted.

General penalty

182(1)      Every person who is guilty of an offence under this Act is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $5,000., or imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $20,000.

Orders in addition to penalty

182(2)      When a person is convicted of an offence, a justice may, in addition to imposing a penalty under subsection (1), order the person to do one or both of the following:

(a) comply with the provision of this Act or the by-law that the person contravened;

(b) pay to the planning district or municipality the amount of the costs incurred by the district or municipality as a result of the contravention.

Time limit for prosecution

183         A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.

PART 13

MISCELLANEOUS PROVISIONS

Designated employees and officers

184         When a provision of this Act refers to a designated employee or officer, the board of a planning district or the council of a municipality may, by by-law, designate an employee or officer of the district or municipality to carry out the power or responsibility.

Third reading deadline does not apply

185         Clause 144(a) of The Municipal Act does not apply to a development plan by-law, zoning by-law or secondary plan by-law.

Records of planning district

186         Section 423 of The Municipal Act applies, with necessary changes, to a copy of a record of a planning district that has been certified to be a true copy of the original record by a designated employee or officer of the district.

Limited restrictions on livestock operations

187(1)      Except as provided in a development plan by-law or in provisions of a zoning by-law respecting the siting and setback of livestock operations, a board or council may not impose any restrictions or conditions on

(a) the location of a livestock operation; or

(b) the number of animal units involved in a livestock operation.

When by-law does not apply to livestock operation

187(2)      Notwithstanding Part 7 of The Municipal Act (By-laws: General Jurisdiction), a municipal by-law or zoning by-law respecting nuisance odours or prohibiting or regulating the storage, application or use of manure does not apply to a livestock operation if the owner or operator of the operation is complying with

(a) all other Acts and regulations regarding the storage, application or use of manure; and

(b) the terms and conditions of any permit or licence required to be held by the owner or operator under an Act or regulation.

Alteration of boundaries

188         If land that was located in one municipality or planning district becomes part of another municipality or planning district because of an annexation or other alteration of municipal boundaries

(a) the development plan by-law, zoning by-law and any secondary plan by-law that applied to that land when it was part of the first municipality or planning district continues to apply to that land; and

(b) the municipality or planning district that now has jurisdiction over that land must administer the development plan by-law, zoning by-law and secondary plan by-law referred to in clause (a) until it amends its own development plan by-law and zoning by-law to cover that land.

Duties of minister

189(1)      The minister may

(a) make recommendations to the Lieutenant Governor in Council on the development of provincial land use policies;

(b) co-ordinate provincial land use and development policies and programs with federal and local government land use and development policies and programs;

(c) conduct a study of any issue related to land use and development in the province;

(d) issue guidelines to planning districts and municipalities on any matter under this Act;

(e) promote co-operation between planning districts and municipalities on regional land use and development issues; and

(f) promote public participation in the development of land use and development policies.

Minister may provide planning assistance

189(2)      If requested, the minister may provide advice and technical planning assistance to a planning district or municipality on such terms or conditions as he or she considers advisable.

S.M. 2008, c. 42, s. 76.

Interdepartmental Planning Board

190(1)      The Lieutenant Governor in Council may appoint an Interdepartmental Planning Board consisting of officials from government departments and agencies involved in matters related to land use and development.

Duties of Interdepartmental Planning Board

190(2)      The Interdepartmental Planning Board may

(a) advise and assist the minister and government departments and agencies on all matters affecting the use and development of land in the province;

(b) co-ordinate government policies affecting the use and development of land in the province;

(c) review and make recommendations to the minister on any proposed special planning area or development plan by-law, and all matters relating to planning districts; and

(d) perform any other duties assigned to it by this Act, any other Act, or the Lieutenant Governor in Council.

Act prevails

191         Where there is a conflict between a provision of this Act and a provision of The Conservation Districts Act, the provision of this Act prevails.

Protection from liability

192         No action or proceeding may be brought against a member of a board, council or planning commission, or any person acting under authority of this Act, for anything done, or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

Regulations by L.G. in C.

193(1)      The Lieutenant Governor in Council may make regulations

(a) respecting special planning areas, including regulations

(i) respecting applications for development in special planning areas, and

(ii) respecting the process for approving development in special planning areas;

(b) respecting development plans;

(b.1) prescribing the required degree of interrelationship between individuals, corporations, partnerships or other entities for the purpose of section 1.1;

(c) establishing siting and setback requirements for livestock operations for the purposes of subsection 72(3);

(d) respecting the form or content of any document required under this Act;

(e) defining any word or expression used but not defined in this Act;

(f) respecting any matter necessary or advisable to carry out the purposes of this Act.

S.M. 2007, c. 22, s. 3.

Ministerial regulations

193(2)      The minister may make regulations respecting planning districts, including regulations

(a) respecting the form and content of applications to establish, dissolve, alter or amalgamate planning districts;

(b) respecting the extent to which The Corporations Act applies to planning districts.

PART 14

TRANSITIONAL

INTERPRETATION

Definitions

194(1)      The following definitions apply in this Part.

"former Act" means The Planning Act, R.S.M. 1987, c. P80. (« ancienne loi »)

"planning scheme" means an amending scheme, an initial planning scheme, or a partial planning scheme adopted or carried out under The Planning Act, S.M. 1964 (2nd Sess). (« plan d'aménagement du territoire »)

Planning statement deemed development plan

194(2)       A basic planning statement adopted under the former Act is deemed to be a development plan by-law.

Planning scheme deemed zoning by-law

194(3)       A planning scheme is deemed to be a zoning by-law.

MATTERS UNDER THE FORMER ACT

Planning districts continued

195(1)       A planning district established under the former Act is continued under this Act.

Board of district continued

195(2)       Each member on the board of a planning district continued under subsection (1) continues to hold office as if appointed to the board under this Act.

Adopting by-laws

195(3)       Within six months after the coming into force of this Act, the board of a planning district continued under subsection (1) must adopt

(a) an organizational and procedural by-law under subsection 21(1); and

(b) a compensation by-law under subsection 21(2).

Development plan by-law continues

196          A development plan by-law adopted under the former Act continues with the same effect as if it had been adopted under this Act.

Zoning by-law continues

197(1)       Subject to subsections (2) and (3), a zoning by-law adopted under the former Act continues with the same effect as if it had been adopted under this Act.

Deemed amendment of zoning by-law

197(2)       A zoning by-law adopted under the former Act that provides that livestock operations involving 300 or more animal units are a permitted use is deemed to be amended to provide that such operations are a conditional use.

Exception for planning scheme

197(3)       A planning scheme adopted by a council is in effect only until the council adopts a zoning by-law under this Act.

By-laws and decisions continue

198          A by-law or resolution made by a board or council under the former Act continues with the same effect as if it had been made under authority of this Act.

Permits and orders continue

199          Permits, orders and approvals made or issued under the former Act remain in effect as if they had been made under this Act.

Agreements and contracts continue

200          Agreements and contracts entered into by a planning district or municipality under the former Act that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them.

DEVELOPMENT PLAN BY-LAWS AND ZONING BY-LAWS

Development plan by-law deadline

201          A planning district and a municipality that is not part of a planning district have until January 1, 2008 to

(a) adopt a development plan by-law that meets the requirements of Part 4, including a livestock operation policy; or

(b) amend its existing development plan by-law to include a livestock operation policy.

Zoning by-law deadline

202(1)       Subject to subsection (2), a municipality must

(a) adopt a zoning by-law that meets the requirements of Part 5, within one year after adopting a development plan by-law; or

(b) amend its existing zoning by-law to ensure that it meets the requirements of Part 5 by January 1, 2008.

Exception

202(2)       A municipality that is part of a planning district that has adopted a district wide zoning by-law under section 69 is not required to adopt a zoning by-law.

Extension of deadline

203          If the minister is satisfied that a board or council has used its best efforts to comply with section 201 and 202, the minister may, by written notice to the board or council, extend the time for it to comply with those sections.

DEVELOPMENT APPROVAL

Applications before Act in force

204          A development application received by a planning district or municipality before the coming into force of this Act is to be dealt with in accordance with the process in effect in the district or municipality at the time the application was received.

Transitional approval requirements

205          Sections 206 to 210 apply to a planning district or municipality that, after the coming into force of this Act, is not subject to a development plan by-law, a zoning by-law, or both by-laws.

Approval required

206(1)       Before any development takes place, the owner of the affected property, or a person authorized in writing by the owner, must apply for approval of the development

(a) to the board of the planning district in which the proposed development is located; or

(b) if the proposed development is not located in a planning district, to the council of the municipality in which the proposed development is located.

Exception

206(2)       A planning district or municipality may, by by-law, specify minor developments — other than livestock operations — that do not require approval.

General Development

General development approval

207          An application involving any type of development other than a livestock operation or the subdivision of land is subject to the following approval requirements:

(a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if approval of the proposed development is generally consistent with provincial land use policies;

(b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed development is generally consistent with the development plan by-law;

(c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if approval of the proposed development is generally consistent with provincial land use policies and consistent with the planning scheme.

Small-Scale Livestock Operations

Small livestock operation approval

208          An application involving a livestock operation with fewer than 300 animal units is subject to the following approval requirements:

(a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if

(i) approval of the proposed operation is generally consistent with provincial land use policies, and

(ii) the proposed operation meets the siting and setback requirements for livestock operations established by regulation;

(b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed operation

(i) is generally consistent with the development plan by-law, and

(ii) meets the siting and setback requirements for livestock operations established by regulation;

(c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if

(i) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme, and

(ii) the proposed operation meets the siting and setback requirements for livestock operations established by regulation.

Large-Scale Livestock Operations

Hearings required for large operations

209(1)       An application for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with the hearing and approval process set out in Division 2 of Part 7 (Large scale-conditional use livestock operations).

Large operations with no land use planning

209(2)       When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that does not have a development plan by-law or a zoning by-law, the application may be approved only if

(a) the proposed operation meets the applicable tests in subsection 116(1);

(b) approval of the proposed operation is generally consistent with provincial land use policies; and

(c) the proposed operation meets the siting and setback requirements for livestock operations established by regulation.

Large operations with no zoning by-law

209(3)       When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a development plan by-law but no zoning by-law, the application may be approved only if the proposed operation

(a) meets the applicable tests in subsection 116(1);

(b) is generally consistent with the development plan by-law; and

(c) meets the siting and setback requirements for livestock operations established by regulation.

Large operations with no development plan

209(4)       When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a planning scheme but no development plan by-law, the application may be approved only if

(a) the proposed operation meets the applicable tests in subsection 116(1);

(b) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme; and

(c) the proposed operation meets the siting and setback requirements for livestock operations established by regulation.

Subdivision

Subdivision applications

210(1)       An application for subdivision approval is subject to Part 8 and to the following approval requirements:

(a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if approval of the proposed subdivision is generally consistent with provincial land use policies;

(b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed subdivision is generally consistent with the development plan by-law;

(c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if approval of the proposed subdivision is generally consistent with provincial land use policies and consistent with the planning scheme

Additional requirements

210(2)       If a planning district or municipality does not have a development plan by-law and a zoning by-law, the council must, before making its decision,

(a) hold a public hearing to receive representations from any person on the proposed subdivision; and

(b) give notice of the hearing in accordance with section 169.

Additional condition of approval

210(3)       If a planning district or municipality does not have a development plan by-law, a zoning by-law, or both by-laws, when a council approves a subdivision application, it may, in addition to the other conditions of approval set out in section 135, require the applicant to enter into a development agreement with the owner of the affected property limiting, regulating or prohibiting an existing or future use of the land or a building.

Transitional regulations

211(1)       The Lieutenant Governor in Council may make regulations

(a) respecting the transition or conversion to this Act of anything under the former Act;

(b) to deal with any difficulty or impossibility resulting from the transition from the former Act to this Act.

Timing of regulations

211(2)       A regulation made under subsection (1) may be made retroactive to a day not earlier than the day this Act comes into force.

PART 15

CONSEQUENTIAL AND CONDITIONAL AMENDMENTS

212 to 216  

NOTE:  These sections contained consequential amendments to other Acts that are now included in those Acts.

217

NOTE:  This section contained an amendment adding section 62.1, which now appears in this Act.

PART 16

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Repeal

218          The Planning Act, R.S.M. 1987, c. P80, is repealed.

C.C.S.M. reference

219         This Act may be referred to as chapter P80 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

220(1)      This Act, except section 217, comes into force on January 1, 2006.

Coming into force: section 217

220(2)      Section 217 comes into force on the later of the following:

(a) January 1, 2006;

(b) the day section 4 of The Water Protection Act comes into force.

NOTE:

Section 217 came into force on January 1, 2006.

 

 


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